reglab/housing_qa huggingface dataset:
MT Code § 41-5-1202 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 12. Preliminary Investigation|41-5-1202. Preliminary inquiry -- procedure -- youth assessment

  41-5-1202. Preliminary inquiry -- procedure -- youth assessment. (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 is within the jurisdiction of the court;   (c) determine, if the youth is in detention, a youth assessment center, or shelter care, whether detention, placement in a youth assessment center, or shelter care should be continued or modified based upon criteria set forth in 41-5-341 through 41-5-343.   (2) In conducting a preliminary inquiry, the juvenile probation officer or assessment officer may:   (a) require the presence of any person relevant to the inquiry;   (b) request subpoenas from the judge to accomplish this purpose;   (c) require investigation of the matter by any law enforcement agency or any other appropriate state or local agency;   (d) perform a youth assessment pursuant to 41-5-1203.   History: En. Secs. 6, 49(3)(f), Ch. 286, L. 1997; amd. Sec. 78(5)(a), Ch. 550, L. 1997; amd. Sec. 65, Ch. 2, L. 2009.
MT Code § 41-5-1203 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 12. Preliminary Investigation|41-5-1203. Preliminary inquiry -- youth assessment

  41-5-1203. Preliminary inquiry -- youth assessment. (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 offenses if the youth were an adult;   (b) the youth is alleged to be a youth in need of intervention or a delinquent youth and the youth or the youth's parents or guardian requests the youth assessment and both the youth and the parents or guardian are willing to cooperate with the assessment process; or   (c) the circumstances surrounding a youth who has committed an act that would be a felony if committed by an adult indicate the need for a youth assessment and the safety of the community has been considered in determining where the youth assessment is conducted.   (2) A youth assessment:   (a) must be a multidisciplinary effort that may include, but is not limited to a chemical dependency evaluation of the youth, an educational assessment of the youth, an evaluation to determine if the youth has mental health needs, or an assessment of the need for any family-based services or other services provided by the department of public health and human services or other state and local agencies. The education component of the youth assessment is intended to address attendance, behavior, and performance issues of the youth. The education component is not intended to interfere with the right to attend a nonpublic or home school that complies with 20-5-109.   (b) must include a summary of the family's strengths and needs as they relate to addressing the youth's behavior;   (c) may occur in a youth's home, with or without electronic monitoring, or pursuant to 41-5-343 in a youth assessment center licensed by the department of public health and human services or in any other entity licensed by the department of public health and human services. The county shall provide adequate security in other licensed entities through provision of additional staff or electronic monitoring. The staff provided by the county must meet licensing requirements applicable to the licensed entity in which the youth is being held.   (3) The assessment officer arranging the youth assessment shall work with the parent or guardian of the youth to coordinate the performance of the various parts of the assessment with any providers that may already be working with the family or providers that are chosen by the family to the extent possible to meet the goals of the Youth Court Act.   History: En. Sec. 49(3)(g), Ch. 286, L. 1997; amd. Sec. 78(5)(c), Ch. 550, L. 1997; amd. Sec. 66, Ch. 2, L. 2009.
MT Code § 41-5-1204 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 12. Preliminary Investigation|41-5-1204. Preliminary inquiry -- determinations -- release

  41-5-1204. Preliminary inquiry -- determinations -- release. 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 determination that no further action be taken; and   (3) release the youth immediately upon the determination that the filing of a petition is not authorized.   History: En. Secs. 7, 49(3)(f), Ch. 286, L. 1997; amd. Sec. 67, Ch. 2, L. 2009.
MT Code § 41-5-1205 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 12. Preliminary Investigation|41-5-1205. Preliminary inquiry -- dispositions available to juvenile probation officer

  41-5-1205. Preliminary inquiry -- dispositions available to juvenile probation officer. 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 in youth court charging the youth to be a delinquent youth or a youth in need of intervention or for filing an information in the district court as provided in 41-5-206.   History: En. Secs. 8, 49(3)(f), Ch. 286, L. 1997; amd. Sec. 68, Ch. 2, L. 2009.
MT Code § 41-5-1206 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 12. Preliminary Investigation|41-5-1206. Investigation, fingerprints, and photographs

  41-5-1206. Investigation, fingerprints, and photographs. (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 conduct alleged to be unlawful that would be a felony if committed by an adult;   (b) pursuant to a search warrant, supported by probable cause, issued by a judge, justice of the peace, or magistrate; or   (c) upon the order of the youth court judge, after a petition alleging delinquency has been filed.   (3) Fingerprint records and photographs may be used by the department of justice or any law enforcement agency in the judicial district for comparison and identification purposes in any other investigation.   History: En. 10-1218 by Sec. 18, Ch. 329, L. 1974; amd. Sec. 6, Ch. 100, L. 1977; amd. Sec. 9, Ch. 571, L. 1977; R.C.M. 1947, 10-1218(2); amd. Sec. 2, Ch. 484, L. 1981; amd. Sec. 6, Ch. 515, L. 1987; amd. Sec. 1, Ch. 346, L. 1991; amd. Sec. 1, Ch. 603, L. 1993; amd. Sec. 4, Ch. 528, L. 1995; amd. Sec. 22, Ch. 550, L. 1997; Sec. 41-5-304, MCA 1995; redes. 41-5-1206 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-1207 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 12. Preliminary Investigation|41-5-1207. through 41-5-1209 reserved

  41-5-1207 through 41-5-1209 reserved.
MT Code § 41-5-1210 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 12. Preliminary Investigation|41-5-1210. Information to be collected by juvenile probation officer or assessment officer

  41-5-1210. Information to be collected by juvenile probation officer or assessment officer. 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 involvement;   (5) field investigation data;   (6) motor vehicle ownership and offense data, if any;   (7) whether the youth is a suspect in other criminal investigations;   (8) history of any victimization of others by the youth;   (9) the youth's status offense history;   (10) existence of active warrants;   (11) school, employment, and family histories;   (12) social and medical services histories; and   (13) prior conduct in a youth detention or correctional facility, if any.   History: En. Sec. 6, Ch. 532, L. 1999.
MT Code § 41-5-1301 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 13. Informal Proceeding|41-5-1301. Informal disposition

  41-5-1301. Informal disposition. 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 another agency providing appropriate services, or take any other action or make any informal adjustment that does not involve probation or detention; or   (2) provide for treatment or adjustment involving probation or other disposition authorized under 41-5-1302 through 41-5-1304 if the treatment or adjustment is voluntarily accepted by the youth's parents or guardian and the youth, if the matter is referred immediately to the county attorney for review, and if the juvenile probation officer or assessment officer proceeds no further unless authorized by the county attorney.   History: En. Sec. 9, Ch. 286, L. 1997, and Sec. 78(5)(b), Ch. 550, L. 1997; amd. Sec. 7, Ch. 532, L. 1999; amd. Sec. 69, Ch. 2, L. 2009.
MT Code § 41-5-1303 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 13. Informal Proceeding|41-5-1303. Communications privileged

  41-5-1303. Communications privileged. 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 under this chapter, nor may the incriminating statement be admissible in any criminal proceeding against the declarant. This section does not apply to the use of voluntary and reliable statements that are offered for impeachment purposes.   History: En. 10-1210 by Sec. 10, Ch. 329, L. 1974; amd. Sec. 4, Ch. 100, L. 1977; amd. Sec. 3, Ch. 571, L. 1977; R.C.M. 1947, 10-1210(3); amd. Sec. 8, Ch. 515, L. 1987; amd. Sec. 76, Ch. 550, L. 1997; Sec. 41-5-402, MCA 1995; redes. 41-5-1303 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-1401 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1401. Petition -- county attorney -- procedure -- release from custody

  41-5-1401. Petition -- county attorney -- procedure -- release from custody. (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 probable cause to believe that the allegations of the petition are true, the youth court shall grant leave to file the petition.   (2) A petition charging a youth who is held in detention or a youth assessment center must be filed within 7 working days from the date the youth was first taken into custody or the petition must be dismissed and the youth released unless good cause is shown to further detain the youth.   (3) If a petition is not filed under this section, the complainant and victim, if any, must be informed by the juvenile probation officer or assessment officer of the action and the reasons for not filing and must be advised of the right to submit the matter to the county attorney for review. The county attorney, upon receiving a request for review, shall consider the facts, consult with the juvenile probation officer or assessment officer, and make the final decision as to whether a petition is filed.   History: En. Secs. 10, 49(3)(f), Ch. 286, L. 1997; amd. Sec. 72, Ch. 2, L. 2009.
MT Code § 41-5-1402 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1402. Petition -- form and content

  41-5-1402. Petition -- form and content. (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 alleging the youth to be a delinquent youth or a youth in need of intervention;   (b) the charge of an offense, that must:   (i) state the name of the offense;   (ii) cite in customary form the statute, rule, or other provisions of law that the youth is alleged to have violated;   (iii) state the facts constituting the offense in ordinary and concise language and in a manner that enables a person of common understanding to know what is intended; and   (iv) state the time and place of the offense as definitely as possible;   (c) the name, birth date, and residence address of the youth;   (d) the names and residence addresses of the parents, guardian, or spouse of the youth and, if the parents, guardian, or spouse do not reside or cannot be found within the state or if there is none, the adult relative residing nearest to the court;   (e) whether the youth is in detention, a youth assessment center, or shelter care and, if so, the place of detention, assessment, or shelter care and the time that the youth was detained or sheltered;   (f) if any of the matters required to be set forth by this section are not known, a statement of those matters and the fact that they are not known; and   (g) a list of witnesses to be used in proving the commission of the offense or offenses charged in the petition, together with their residence addresses. The names and addresses of any witnesses discovered after the filing of the petition must be furnished to the youth upon request.   (2) When a county attorney files a delinquency petition alleging that a youth committed an offense that would be a felony if committed by an adult and that is transferable under 41-5-206 or in which a youth 12 years of age or older allegedly used a firearm, the county attorney shall indicate in the petition whether the county attorney designates the proceeding an extended jurisdiction juvenile prosecution. When the county attorney files a delinquency petition alleging that a youth committed any other offense that would be a felony if committed by an adult, the county attorney may request that the court designate the proceeding an extended jurisdiction juvenile prosecution.   History: En. 10-1215 by Sec. 15, Ch. 329, L. 1974; amd. Sec. 7, Ch. 571, L. 1977; R.C.M. 1947, 10-1215; amd. Sec. 5, Ch. 498, L. 1997; amd. Secs. 27, 76, Ch. 550, L. 1997; Sec. 41-5-501, MCA 1995; redes. 41-5-1402 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-1403 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1403. Summons

  41-5-1403. Summons. (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 must:   (a) require the parties to whom it is directed to appear personally before the court at the time fixed by the summons to answer the allegations of the petition;   (b) advise the parties of their right to counsel under the Montana Youth Court Act; and   (c) have attached to it a copy of the petition.   (3) The court may endorse upon the summons an order directing the person or persons having the physical custody or control of the youth to bring the youth to the hearing.   (4) If it appears to the court that the youth needs to be placed in detention or shelter care, the judge may endorse on the summons an order directing the officer serving the summons to at once take the youth into custody and to take the youth to the place of detention or shelter care designated by the court, subject to the rights of the youth and parent or person having legal custody of the youth as set forth in the provisions of the Montana Youth Court Act relating to detention and shelter care criteria and postdetention proceedings.   (5) If a youth is placed in detention or shelter care under any provision of this chapter pending an adjudication, the court shall, as soon as practicable, conduct a probable cause hearing as provided in 41-5-332.   (6) The youth court judge may also admit the youth to bail in accordance with Title 46, chapter 9.   History: En. 10-1216 by Sec. 16, Ch. 329, L. 1974; amd. Sec. 8, Ch. 571, L. 1977; R.C.M. 1947, 10-1216; amd. Sec. 10, Ch. 475, L. 1987; amd. Sec. 9, Ch. 515, L. 1987; amd. Sec. 9, Ch. 547, L. 1991; amd. Sec. 25, Ch. 286, L. 1997; Sec. 41-5-502, MCA 1995; redes. 41-5-1403 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-1404 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1404. Service of summons

  41-5-1404. Service of summons. (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), (c)(2)(D), and (d) through (s) of the Montana Rules of Civil Procedure, except that in all cases, service must be completed at least 5 days before the time stated for appearance.   (3) If a party referred to in subsection (2) is not personally served before a hearing and has not been secluded in an attempt to delay or disrupt any proceeding, the party may appear within a reasonable time subsequent to the hearing and, on motion to the court, request a rehearing. The motion may be granted at the discretion of the judge if a rehearing would be in the best interest of the youth.   (4) The court may authorize payment from county funds of costs of service and necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.   (5) An actual abandonment of a youth by the youth's parent or parents constitutes a waiver of summons and notice requirements by the parent or parents. A return endorsed upon the summons showing inability to serve summons constitutes prima facie evidence of actual abandonment.   (6) The youth court may, in the interests of justice, shorten the notice requirements contained in this section, and notice of shortened time must be endorsed on the summons.   (7) A party, other than the youth, may waive service of summons on that party by written stipulation or by voluntary appearance at the hearing. If the youth is present at the hearing, the youth's counsel may waive service of summons on behalf of the youth.   History: En. 10-1217 by Sec. 17, Ch. 329, L. 1974; amd. Sec. 5, Ch. 100, L. 1977; R.C.M. 1947, 10-1217; Sec. 41-5-503, MCA 1995; redes. 41-5-1404 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 1598, Ch. 56, L. 2009.
MT Code § 41-5-1405 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1405. Disqualification of judges

  41-5-1405. Disqualification of judges. The statutes of the state of Montana relating to disqualification of judges in criminal proceedings shall apply to all proceedings under this chapter.   History: En. 10-1223 by Sec. 23, Ch. 329, L. 1974; R.C.M. 1947, 10-1223; amd. Sec. 2, Ch. 515, L. 1987; Sec. 41-5-202, MCA 1995; redes. 41-5-1405 by Sec. 47, Ch. 286, L. 1997.
MT Code § 41-5-1406 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1406. through 41-5-1410 reserved

  41-5-1406 through 41-5-1410 reserved.
MT Code § 41-5-1411 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1411. Appointment of guardian ad litem

  41-5-1411. Appointment of guardian ad litem. 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 to the proceeding or an employee or representative of a party may not be appointed as guardian ad litem.   History: En. 10-1218 by Sec. 18, Ch. 329, L. 1974; amd. Sec. 6, Ch. 100, L. 1977; amd. Sec. 9, Ch. 571, L. 1977; R.C.M. 1947, 10-1218(4); Sec. 41-5-512, MCA 1995; redes. 41-5-1411 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 1599, Ch. 56, L. 2009.
MT Code § 41-5-1412 (2021)
2021 Montana Code Annotated|Title 41. Minors|Chapter 5. Youth Court Act|Part 14. Formal Proceeding -- Procedure|41-5-1412. Rights and obligations -- persons to be advised -- contempt

  41-5-1412. Rights and obligations -- persons to be advised -- contempt. (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 other law.   (2) A person must be advised of obligations, including possible assessments and related costs, that may arise under this chapter, including the possibility that the person may be required to reimburse the state or local governments for costs attributable to the adjudication, disposition, attorney fees for the costs of prosecuting or defending the youth, costs of detention, supervision, care, custody, and treatment of the youth and may be required to participate in counseling, treatment, or other support services.   (3) A youth's parents or guardians are obligated to assist and support the youth court in implementing the court's orders concerning a youth under youth court jurisdiction, and the parents or guardians are subject to the court's contempt powers if they fail to do so. The youth court personnel shall assist the parents to the extent possible in implementing and enforcing interventions and consequences designed to modify the youth's behavior.   (4) A parent has a right to review the results of a youth assessment and to place a rebuttal, statement, or additional information in the youth's file in youth court.   History: En. 10-1218 by Sec. 18, Ch. 329, L. 1974; amd. Sec. 6, Ch. 100, L. 1977; amd. Sec. 9, Ch. 571, L. 1977; R.C.M. 1947, 10-1218(6); amd. Sec. 29, Ch. 550, L. 1997; Sec. 41-5-515, MCA 1995; redes. 41-5-1412 by Sec. 47, Ch. 286, L. 1997.