Montana Code Annotated 2021

TITLE 41. MINORS

CHAPTER 5. YOUTH COURT ACT

Part 15. Formal Proceeding -- Hearing -- Disposition

Medical Or Psychological Evaluation Of Youth -- Urinalysis

41-5-1503. Medical or psychological evaluation of youth -- urinalysis. (1) The youth court may order a youth to receive a medical or psychological evaluation at any time prior to final disposition if the youth waives the youth's constitutional rights in the manner provided for in 41-5-331. Except as provided in subsection (2), the youth court shall pay for the cost of the evaluation from its judicial district's allocation provided for in 41-5-130 or 41-5-2012.

(2) The youth court shall determine the financial ability of the youth's parents or guardians to pay the cost of an evaluation ordered by the court under subsection (1). If they are financially able, the court shall order the youth's parents or guardians to pay all or part of the cost of the evaluation.

(3) Subject to 41-5-1512(1)(o)(i), the youth court may not order an evaluation or placement of a youth at a correctional facility unless the youth is found to be a delinquent youth or is alleged to have committed an offense that is listed in 41-5-206.

(4) An evaluation of a youth may not be performed at the Montana state hospital.

(5) In a proceeding alleging a youth to be a delinquent youth, upon a finding of an offense related to use of alcohol or illegal drugs, the court may order the youth to undergo urinalysis for the purpose of determining whether the youth is using alcoholic beverages or illegal drugs.

History: En. Sec. 39, Ch. 550, L. 1997; amd. Sec. 11, Ch. 532, L. 1999; amd. Sec. 7, Ch. 587, L. 2001; amd. Sec. 9, Ch. 398, L. 2007; amd. Sec. 13, Ch. 339, L. 2021.