Title 41, Title 41

A placement of any youth in any correctional facility under this chapter may not be deemed commitment to a penal institution. An adjudication on the status of any youth in the jurisdiction of the court may not operate to impose any of the civil disability imposed on a person by r…

The provisions of Title 52, chapter 2, part 6, govern the administration of this chapter.

All hearings and other court appearances required under Title 41, chapter 5, must be given priority by the court and must be scheduled to be heard as expeditiously as possible.

(1) Compensation for services and related expenses for counsel assigned for a party must be paid by the office of state public defender provided for in 2-15-1029. (2) Expenses for service of summons, notices, subpoenas, fees, and traveling expenses of witnesses, and other witness…

(1) Funds available to a judicial district under 41-5-130, 41-5-132, or 41-5-2012 may not be used to: (a) pay salary, benefits, or training costs of a federal, state, or county employee; (b) purchase items for a federal, state, or county agency that the agency would normally prov…

(1) (a) A court, agency, assessment officer, or juvenile probation officer may not order a youth, the youth's parents, or the youth's guardian to pay: (i) a contribution, including but not limited to a contribution for any part of the costs for adjudication, disposition, attorney…

(1) Whenever the court receives information from an agency or person, including a parent or guardian of a youth, based upon reasonable grounds, that a youth is or appears to be a delinquent youth or a youth in need of intervention or that the youth is subject to a court order or …

(1) In conducting a preliminary inquiry under 41-5-1201, the juvenile probation officer or assessment officer shall: (a) advise the youth of the youth's rights under this chapter and the constitutions of the state of Montana and the United States; (b) determine whether the matter…

(1) The juvenile probation officer or assessment officer may perform a youth assessment if: (a) a youth has been referred to the youth court as an alleged youth in need of intervention with a minimum of two misdemeanor offenses or three offenses in the past year that would not be…

Once relevant information is secured after a preliminary inquiry under 41-5-1201, the juvenile probation officer or assessment officer shall: (1) determine whether the interest of the public or the youth requires that further action be taken; (2) terminate the inquiry upon the de…

Upon determining that further action is required after a preliminary inquiry under 41-5-1201, the juvenile probation officer or assessment officer may: (1) arrange informal disposition as provided in 41-5-1301; or (2) refer the matter to the county attorney for filing a petition …

(1) All law enforcement investigations relating to a delinquent youth or youth in need of intervention must be conducted in accordance with this chapter and Title 46. (2) A youth may be fingerprinted or photographed for criminal identification purposes: (a) if arrested for conduc…

(1) In each judicial district, the youth court may establish a youth placement committee for the purposes of: (a) recommending an appropriate placement of a youth committed to the youth court under 41-5-1512 or 41-5-1513 or committed to the department under 41-5-1513; or (b) reco…

The juvenile probation officer or assessment officer shall collect the following information regarding a youth: (1) biographical data; (2) a description of prior and current offenses, including criminal history; (3) a listing of known or suspected associates; (4) any gang or drug…

A youth placement committee shall: (1) review all information relevant to the placement of a youth; (2) consider available resources appropriate to meet the needs of the youth; (3) consider the treatment recommendations of any professional person who has evaluated the youth; (4) …

A temporary placement of a youth in a shelter care facility for less than 45 days or an emergency placement of a youth in a youth care facility is exempt from review by the appropriate youth placement committee. If a temporary or emergency placement of a youth continues for 45 or…

(1) Meetings of a youth placement committee are closed to the public to protect a youth's right to individual privacy. (2) Information presented to the committee about a youth and committee records are confidential and subject to confidentiality requirements established by the co…

(1) The office of court administrator shall administer juvenile placement funds appropriated to the judicial branch by the legislature in accordance with this chapter. (2) For each fiscal year, the office of court administrator shall allocate funds to the cost containment pool un…

After a preliminary inquiry under 41-5-1201, the juvenile probation officer or assessment officer upon determining that further action is required and that referral to the county attorney is not required may: (1) provide counseling, refer the youth and the youth's family to anoth…

(1) Before referring the matter to the county attorney and subject to the limitations in subsection (3), the juvenile probation officer or assessment officer may enter into a consent adjustment and give counsel and advice to the youth, the youth's family, and other interested par…

An incriminating statement relating to any act or omission constituting delinquency or need of intervention made by the participant to the person giving counsel or advice in the discussions or conferences incident thereto may not be used against the declarant in any proceeding un…

(1) The following dispositions may be imposed by consent adjustment: (a) probation; (b) placement of the youth in substitute care in a youth care facility, as defined in 52-2-602 and pursuant to a recommendation made under 41-5-121; (c) placement of the youth with a private agenc…

(1) The supreme court shall establish a cost containment review panel to advise the office of court administrator in administering the cost containment pool and youth court intervention and prevention account. (2) (a) The members of the cost containment review panel must be appoi…

(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 begin…

(1) The county attorney may apply to the youth court for permission to file a petition charging a youth to be a delinquent youth or a youth in need of intervention. The application must be supported by evidence that the youth court may require. If it appears that there is probabl…

(1) A petition initiating proceedings under this chapter must be signed by the county attorney, must be entitled "In the Matter of...., a youth", and must set forth with specificity: (a) the facts necessary to invoke the jurisdiction of the court, together with a statement allegi…

(1) After a petition has been filed, summons must be served directly to: (a) the youth; (b) the youth's parent or parents having actual custody of the youth or the youth's guardian or custodian, as the case may be; and (c) other persons as the court may direct. (2) The summons mu…

(1) A youth who is the subject of a proceeding under this chapter must be personally served with summons at least 5 days before the time stated for appearance. (2) Service of summons on all other persons designated in 41-5-1403(1) must be made in accordance with Rule 4(c)(2)(C), …

The statutes of the state of Montana relating to disqualification of judges in criminal proceedings shall apply to all proceedings under this chapter.

The court at any stage of a proceeding on a petition under this chapter may appoint a guardian ad litem for a youth if the youth does not have a parent or guardian appearing on the youth's behalf or if the parent's or guardian's interests conflict with those of the youth. A party…

(1) A person afforded rights under this chapter must be advised of those rights and any other rights existing under law at the time of the person's first appearance in a proceeding on a petition under the Montana Youth Court Act and at any other time specified in that act or othe…

In all proceedings following the filing of a petition alleging that a youth is a delinquent youth or youth in need of intervention, the youth and the parents or guardian of the youth must be advised by the court or, in the absence of the court, by its representative that the yout…

In a proceeding on a petition, a party is entitled to: (1) the opportunity to introduce evidence and otherwise be heard on the party's own behalf; (2) confront and cross-examine witnesses testifying against the party; and (3) admit or deny the allegations against the party in the…

In a proceeding alleging a youth to be a delinquent youth: (1) an extrajudicial statement that would be constitutionally inadmissible in a criminal matter may not be received in evidence; (2) evidence illegally seized or obtained may not be received in evidence to establish the a…

(1) The attorney general shall ensure that the services and assistance that must be provided under Title 46, chapter 24, to a victim or witness of a crime are also provided to the victim or witness of a juvenile felony offense. (2) In a proceeding filed under this part, the count…

(1) (a) A youth under 10 years of age may not be restrained in a proceeding in youth court under any circumstances. (b) (i) Except as provided in subsections (2) and (3), restraints may not be used on a youth 10 years of age or older during a proceeding in youth court and must be…

All posttrial motions and other remedies available to an adult in a criminal proceeding under the Montana Code of Criminal Procedure are available to a youth proceeded against under this chapter.

(1) An order of the court may be modified at any time. (2) In the case of a youth committed to the department, an order pertaining to the youth may be modified only upon notice to the department and a subsequent hearing.

(1) Any party other than the state may appeal from a judgment of the court to the supreme court in the manner provided by law. The appeal shall be heard by the supreme court upon the files, records, and transcript of the evidence of the juvenile court. (2) The appeal to the supre…

(1) (a) If a county attorney files a petition to revoke a youth's conditional release, the court shall hold a revocation hearing without a jury within 10 working days after the petition is filed, except as provided in subsection (1)(b). (b) (i) If a youth alleged to have violated…

(1) A youth on probation incident to an adjudication that the youth is a delinquent youth or a youth in need of intervention and that the youth has violated a term of probation may be proceeded against in a probation revocation proceeding. A proceeding to revoke probation must be…

If the court orders payment of restitution and the youth fails to pay the restitution in accordance with the payment schedule or structure established by the court or juvenile probation officer, the youth's juvenile probation officer may, on the officer's own motion or at the req…

(1) (a) Subject to the provisions of subsection (2), after the filing of a petition under 41-5-1402 and before the entry of a judgment, the county attorney, the youth's legal counsel, probation services, and the necessary parties may enter into a consent decree. Except as provide…

(1) Prior to any adjudicatory hearing, the court shall determine whether the youth admits or denies the offenses alleged in the petition. If the youth denies all offenses alleged in the petition, the youth or the youth's parent, guardian, or attorney may demand a jury trial on th…

(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. The youth court shall pay for the cost of the evaluation fro…

(1) A youth who is found to be suffering from a mental disorder, as defined in 53-21-102, and who meets the criteria in 53-21-126(1) is entitled to all rights provided by 53-21-114 through 53-21-119. (2) A youth who, prior to placement or sentencing, is found to be suffering from…