41-5-102. Declaration of purpose.
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/mt/title-41/chapter-5/part-1/41-5-102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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)immediate, consistent, enforceable, and avoidable consequences of youths' actions;
(b)a program of supervision, care, rehabilitation, detention, competency development, and community protection for youth before they become adult offenders;
(c)in appropriate cases, restitution as ordered by the youth court; and
(d)that, whenever removal from the home is necessary, the youth is entitled to maintain ethnic, cultural, or 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.