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20.9.101    DEFINITIONS

For the purpose of this rule, the following definitions apply:

(1) "Allocation account" means an account created by the department for each judicial district pursuant to 41-5-130, MCA, regardless of the district's decision to participate in the juvenile delinquency intervention program.

(2) "CAPS" means child and adult protective services, the online statewide management system maintained by DPHHS.

(3) "Change in placement" means the transfer or physical movement of an offender from a previously approved residential placement to another placement at a higher level of supervision. It does not include an emergency placement of 45 days or less.

(4) "Committee" means a youth placement committee appointed by the youth court judge pursuant to 41-5-121, MCA.

(5) "Committee chair" means the chief juvenile probation officer or designee from the juvenile probation staff who is a member of the youth placement committee.

(6) "Committee records" means written documents submitted to the committee by the juvenile probation or parole officer, but does not include recordings or documents required by the department for audits or monitoring of the committee process as required by 41-5-2006, MCA.

(7) "Cost containment fund" means funds retained by the department under 41-5-132, MCA for disbursement by the cost containment review panel.

(8) "Cost containment review panel" means the panel established in 41-5-131, MCA.

(9) "Community alternatives" means programs, placements, or services provided or funded through the youth court probation office within the community of residence of the youth's parents or guardian, but does not include pre-adjudicatory detention.

(10) "Deficit" for the purpose of these rules means the point in time when a district's allocation account for a given year is over-encumbered.

(11) "Department" means the Department of Corrections.

(12) "DPHHS" means Department of Public Health and Human Services.

(13) "Early intervention" means provision of supervision or services to a youth by the youth court upon initial referral to the youth court for a misdemeanor offense or services intended to prevent first offenders from further involvement in the juvenile justice system.

(14) "Juvenile delinquency intervention program" means the program established by the Montana Legislature and implemented by the Department of Corrections to more effectively manage juvenile placement services and funding.

(15) "Mental health professional" means a psychiatrist, psychologist or a professional person certified pursuant to 53-21-106, MCA.

(16) "Nonparticipating district" means a Montana judicial district that has elected not to participate in the juvenile delinquency intervention program.

(17) "Placement" has the same meaning as "out-of-home placement" as defined in 41-5-103, MCA, and used throughout these rules but may include shelter care, detention, and emergency placements of less than 45 days.

(18) "Participating district" means a Montana judicial district that has elected to participate in the juvenile delinquency intervention program.

(19) "Referral packet" means written or electronic information provided to the committee by a juvenile probation or parole officer for the purpose of supporting a recommendation as provided for in 41-5-121 and 41-5-122, MCA.

(20) "Referred to the youth court or department" means the process of submission from the chair of a youth placement committee to the youth court judge or the department's representative of a written request for placement of a youth in out-of-home care intended to last longer than 45 days.

(21) "Referring worker" means the youth court probation officer or case manager charged with supervision and case management of an offender at the time of referral.

(22) "Residential placement" means placement in a youth care facility other than a state youth correctional facility.

(23) "Residential treatment" means any psychiatric, medical, behavioral or social treatment provided to a youth in residence by a licensed youth care facility or a child placing agency approved by the Department of Public Health and Human Services to provide intensive treatment to youth who are suffering from a mental disorder.

(24) Surplus funds" means funds remaining in the participating district's account from the initial budget allocation at the end of a fiscal year.

(25) "Unused cost containment funds" means funds allocated to the cost containment fund which remain in the cost containment fund at the end of a fiscal year or funds allocated by the cost containment review panel to a participating or nonparticipating district which remain in the district's allocation account at the end of a fiscal year.

(26) "Youth correctional facility" means a facility for the rehabilitation of delinquent youth such as the Pine Hills Youth Correctional Facility, Riverside Youth Correctional Facility, or a youth correctional facility under contract with the Department of Corrections.

 

History: 41-5-2006, 53-1-203, MCA; IMP, 41-5-121, 41-5-123, 41-5-124, 41-5-125, 41-5-130, 41-5-131, 41-5-132, 53-1-203, MCA; NEW, 1987 MAR p. 1625, Eff. 9/25/87; TRANS, 1996 MAR p. 1385; amd, 2000 MAR p. 1078, Eff. 4/28/00; AMD, 2002 MAR p. 2433, Eff. 9/13/02.

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