§ 41-5-132 — Cost Containment Pool -- Allocation Of Appropriated Funds -- Allocation From Pool -- Deposit Of Unexpended Funds

Montana § 41-5-132

• Jurisdiction: Montana
• Title 41: MINORS
• Ch. 5: YOUTH COURT ACT
• Part 1: General

Text

41-5-132 . Cost containment pool -- allocation of appropriated funds -- allocation from pool -- deposit of unexpended funds. (1) (a) The office of court administrator shall establish a cost containment pool. After considering the cost containment review panel's recommendation as provided for in subsection (1)(b), the office of court administrator shall allocate to the cost containment pool at the beginning of each fiscal year not less than $1 million from the funds appropriated for juvenile placements.
(b) The cost containment review panel shall submit to the office of court administrator a recommended amount to be allocated to the cost containment pool at least 1 month prior to the start of each fiscal year. The cost containment review panel shall establish a methodology for determining the recommended amount to be allocated to the cost containment pool.
(2) Before a judicial district exceeds its annual allocation under 41-5-130 for juvenile out-of-home placements, programs, and services, the judicial district shall submit to the cost containment review panel a request for an allocation from the cost containment pool. After reviewing the request, the cost containment review panel shall recommend to the office of court administrator whether an allocation from the cost containment pool should be made to the judicial district. After considering the cost containment review panel's recommendation, the office of court administrator may approve the judicial district's request and disburse funds from the pool for expenditure by the judicial district.
(3) (a) According to criteria and procedures established by the cost containment review panel, the cost containment review panel may authorize an allocation from the cost containment pool to the department for a request submitted under subsection (3)(b).
(b) The department may request that the cost containment review panel reimburse the department from the cost containment pool for costs incurred under 41-5-1504 (3) for placing a youth found to be suffering from a mental disorder, including costs for transporting the youth. Before requesting reimbursement, the department shall expend any federal funds available for the youth's care for which the department has spending authority and private insurance payments received for the youth's treatment.
(4) In addition to any disbursement made by the office of court administrator under subsection (2) or (3), the office may expend funds from the cost containment pool to:
(a) reimburse cost containment review panel members or alternates for travel expenses, as provided in 2-18-501 through 2-18-503 , and to pay the actual costs incurred in conducting a cost containment review panel meeting, excluding salary and benefits for employees providing support services to the cost containment review panel; and
(b) conduct an evaluation of out-of-home placements, programs, and services as provided in 41-5-2003 . The office of court administrator may not expend more than $50,000 each year from the cost containment pool to conduct the evaluation.
(5) The office of court administrator shall deposit any amount remaining in the cost containment pool at the end of each fiscal year into the youth court intervention and prevention account provided for in 41-5-2011 .

Legislative History

En. Sec. 20, Ch. 587, L. 2001; amd. Sec. 8, Ch. 398, L. 2007; amd. Sec. 6, Ch. 143, L. 2015; amd. Sec. 10, Ch. 344, L. 2019; amd. Sec. 7, Ch. 506, L. 2023.