2003 Montana Legislature

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HOUSE BILL NO. 446

INTRODUCED BY J. JAYNE

 

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT AN EXPRESS PURPOSE OF THE MONTANA YOUTH COURT ACT IS TO ENSURE THAT WHENEVER A YOUTH IS REMOVED FROM THE HOME, THE YOUTH IS ENTITLED TO MAINTAIN ETHNIC, CULTURAL, AND RELIGIOUS HERITAGE WHEN APPROPRIATE; AMENDING SECTION 41-5-102, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 41-5-102, MCA, is amended to read:

     "41-5-102.  Declaration of purpose. The Montana Youth Court Act must be interpreted and construed to effectuate the following express legislative purposes:

     (1)  to preserve the unity and welfare of the family whenever possible and to provide for the care, protection, and wholesome mental and physical development of a youth coming within the provisions of the Montana Youth Court Act;

     (2)  to prevent and reduce youth delinquency through a system that does not seek retribution but that provides:

     (a)  provides immediate, consistent, enforceable, and avoidable consequences of youths' actions;

     (b)  provides a program of supervision, care, rehabilitation, detention, competency development, and community protection for youth before they become adult offenders; and

     (c)  in appropriate cases, provides restitution as ordered by the youth court; and

     (d) ensures that, whenever removal from the home is necessary, the youth is entitled to maintain ethnic, cultural, and religious heritage whenever appropriate;

     (3)  to achieve the purposes of subsections (1) and (2) in a family environment whenever possible, separating the youth from the parents only when necessary for the welfare of the youth or for the safety and protection of the community;

     (4)  to provide judicial procedures in which the parties are ensured a fair, accurate hearing and recognition and enforcement of their constitutional and statutory rights."

 

     NEW SECTION.  Section 2.  Effective date. [This act] is effective on passage and approval.

- END -

 


Latest Version of HB 446 (HB0446.01)
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