In re B.D.C.

I respectfully dissent from the majority opinion which concludes there was insufficient evidence to support the youth court’s finding that juvenile facilities are inadequate for B.D.C. in light of the seriousness of the offense and the need to protect the community. The relevant part of Section 41-5-206(1), MCA provides that a youth court may waive jurisdiction where:

“(d) The court finds upon the hearing of all relevant evidence that there are reasonable grounds to believe that:

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“(ii) The seriousness of the offense and the protection of the community require treatment of the youth beyond…