ADJUDICATORY HEARING - Hearing for the Court to determine whether the facts support the allegation(s) i.e., charges, stated in the Petition for Delinquency. The standard of proof is the same as in a criminal trial - beyond a reasonable doubt.
CASA REPRESENTATIVE- (Court Appointed Special Advocate) Private citizen volunteers trained in court proceedings who act as advocates for children in court proceedings.
COMMITMENT - A juvenile court disposition that places a youth in the custody of the Department of Corrections (DOC) for supervision, treatment, and rehabilitation. DOC makes the placement determination of whether the youth should be placed in the institution or on an alternate placement. Most often, a youth is committed when probation and/or other services available to the court have failed to prevent a youth from returning to the court on either a new offense(s) or violation of probation.
COMPETENCE TO STAND TRIAL- Competence, or fitness, to stand trial requires that the client have both “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding” and a “rational as well as factual understanding of the proceedings against him.”[2] Counsel must be able to recognize when a juvenile client’s ability to participate in his or her own defense or to understand the nature and purpose of proceedings may be compromised due to developmental immaturity, mental health disorders, or disabilities.
COLLATERAL CONSEQUENCES - Involvement in the juvenile system may have consequences for youth beyond the immediate court case. These secondary consequences may include, but are not limited to, fines, the requirement to register as a sex offender, the loss or restriction of a professional license, eviction from public housing, ineligibility for public funds including welfare benefits and student loans, the loss of voting rights, ineligibility for jury duty, prohibitions against owning a firearm, and immigration consequences.
CONSENT DECREE - A youth who has admitted to committing delinquent acts may have his case dismissed by fulfilling obligations to the court and the injured party. These obligations are set out in a consent decree and may include restitution, mandatory curfew, increased school attendance and rehabilitation.
CONSENT ADJUSTMENT WITHOUT PETITION -The court disposition of a case where a youth is alleged to have committed a delinquent act that is not serious in nature and appears amenable to a non-adjudicatory course of action. Prior to a petition being filed or on the court’s withdrawal of a petition, the case may be informally adjusted if certain prerequisites are met. If conditions favor an informal adjustment, an Informal Adjustment Agreement is prepared which is valid up to 3 months and may be extended by court order for an additional 3-month period. Informal adjustment alternatives are counseling and adjustment, counseling and advisement, referral to counseling and individualized agreements that may include mediation.
CONTINUANCE - A delay in court proceedings postponed to a later date.
COURT DISPOSITION - An order the judge makes as a consequence of a youth’s behavior. Also known as “sentencing” in adult court.
DELINQUENT ACT - A violation of the law by a juvenile under the age of eighteen years, that would be considered a criminal offense if committed by an adult.
DELINQUENT YOUTH - A juvenile who has been found to have committed a delinquent act (equivalent of being found guilty of a criminal offense) by a judge. The juvenile may be adjudicated delinquent, or the court may withhold adjudication.
DELINQUENCY PETITION - A document (petition) filed by a prosecutor asking for a youth to be declared "delinquent" by the juvenile court. An adjudicatory hearing will determine if the youth is culpable.
DEPUTY COUNTY ATTORNEY (JUVENILE PROSECUTOR) - An attorney employed by the Missoula County Attorney's Office whose job is to prosecute those accused of committing crimes in Missoula County.
DETENTION - The housing of youth in secure custody at the Missoula County Juvenile Detention Facility.
DETENTION HEARING - A court appearance where a decision is made to either release or continue detention of a juvenile. In the State of Montana, detention hearings are to be held within 24-hours of placement in detention excluding weekends and holidays.
DISCOVERY - The process by which the prosecutor and defense attorney learn of the evidence the other party will present at trial.
DISPOSITION HEARING - The juvenile court hearing held after the adjudicatory hearing to determine how the case will be handled or “disposed”. These hearings are scheduled if a youth has been found delinquent by the juvenile court. The probation office, prosecutor, and juvenile are permitted to propose disposition strategies. Recommendations may include substance abuse rehabilitation programs, commitment to a state correctional facility, restitution, and residential placement. See also Disposition; Disposition Order; Disposition Plan.
DISPOSITION ORDER- A written, signed document handed down by the court that states the disposition chosen for the youth and any conditions of that disposition. See also Disposition.
DISPOSITION REPORT- In preparation for a disposition hearing, various stakeholders will prepare plans or reports outlining the care and types of rehabilitative services the party believes the child needs as a result of the adjudication. These proposed plans are most typically prepared by the probation department and the defense, while other stakeholders, such as the prosecution or services provides, may also provide reports or recommendations. In preparation of anticipated plans, the court may order psychological evaluations, diagnostic tests, or a period of confinement in a diagnostic facility to aid in the determination of an appropriate disposition. See also Disposition; Disposition Hearing; Disposition Order.
DIVERSION - Is the court’s attempt to “divert” or channel out certain youth from the system by assessing those youth actively involved in criminal activity from those who are “at-risk” for delinquency. Diversion operates on the belief that by engaging certain youth further in the criminal may do more harm than good. Therefore, the court looks at various options for addressing the needs of the youth outside the juvenile criminal system. Examples of diversion are community service, letters of apology, individual or family treatment.
FORMAL HEARING - The filing of a petition triggers formal court proceedings and as such, a formal court hearing. The petition contains allegations of the child's delinquent acts.
Most petitions proceed to adjudicatory hearings. An adjudicatory hearing is a court hearing to determine if the allegations in the petition are supported by evidence. The case is presented by the county attorney. The youth has the right to be represented by counsel. If the youth cannot afford counsel, counsel will be provided at state expense. Both sides present evidence. If the youth is found not to have committed the alleged delinquent acts, the petition is dismissed, and the child is no longer under the jurisdiction of the court. If the youth is found to have committed the acts, they may be adjudicated a delinquent. A disposition hearing follows a determination of delinquency. At the disposition hearing, the court determines the appropriate consequences or treatment for the youth.
In cases involving violent or significant criminal behavior by older adolescents, there may be a transfer hearing, in effect, trying the youth in adult court.
GROUP HOME OR GROUP CARE FACILITY-Generally speaking, a group home is a long term in-community placement facility caring for the needs of youth in their charge. In some instances, Most group homes are "open campus" facilities where youth are afforded opportunities to attend school, work as well as other activities associated with their care. Group homes tend to be less restrictive than juvenile detention facilities and are generally more restrictive than family foster care placements.
GUARDIAN AD LITEM - A person appointed by the court (generally, an attorney) to look after the best interest of the child in legal matters.
HEARINGS OFFICER - A juvenile probation officer who conducts informal hearings with juvenile clients. If a youth is referred to district court, the Hearings Officer will represent youth court in these formal court proceedings.
HOME ARREST OFFICER - A youth court officer charged with enforcing the conditions of release set forth by a judge as outlined in the Home Arrest contract.
INFORMAL DISPOSITION - Held when a youth admits guilt to a crime in an informal juvenile hearing. During the disposition, the requirements of the court are laid out in a consent decree or consent adjustment without petition.
INFORMAL HEARING/PROCESS - The informal phase of Juvenile Court utilizes the probation officer’s capacity as a "Hearings Officer" conveyed upon him/her by the District Court. Officers at this level generally attempt to work with the youth without filing a petition and moving into the "formal" (district court) arena of Youth Court. At this stage the officer primarily is interested in diverting the youth from adjudication but still holding him accountable for his actions.
Typically, if a youth abides by the conditions set forth in the informal hearing (generally informal probation and or treatment services) for a specific time-frame, a petition will not be filed, and the youth is released from the conditions imposed by the court.
INTAKE - The process for determining whether the interests of the public or the juvenile require the filing of a petition with the juvenile court. Generally, a Juvenile Probation Officer receives, reviews, and processes complaints, recommends detention or release where necessary, and provides services for juveniles and their families, including diversion and referral to other community agencies. (see Preliminary Hearing).
JURISDICTION - The authority granted by law for the court to try cases and rule on legal matters.
JUVENILE COURT JUDGE - The judge in juvenile cases hears arguments and makes decisions based upon Montana law. Juvenile court judges preside over three types of cases- delinquency cases which are cases where the juvenile is alleged to have committed a crime; dependency and neglect cases, cases involving parental neglect; and status offense related cases, cases which only apply to minors, for example cases involving truancy, runaway, curfew and ungovernable charges.
OMNIBUS HEARING - A pretrial hearing normally set at the same time the trial date is set. The purpose of the Omnibus Hearing is to ensure that both parties receives (or "discovers") vital information concerning the case held by the other. In addition, the judge may rule on the scope of discovery or on the admissibility of challenged evidence.
OUT- OF -HOME- PLACEMENT - When the court determines the youth should be removed from their home and placed in a residential treatment facility.
PAROLE - Court directed supervision once a youth has returned from a correctional placement.
PETITION - A legal document filed with the court by the prosecutor. This document contains the allegations levied against the youth. Procedurally, the prosecutor receives the referral from the probation officer and reviews the charges for legal sufficiency. If the allegations meet the standard associated with the charges, the prosecutor then drafts the petition and files it with the court for hearing. The prosecutor also reviews peripheral factors to the alleged criminal act including the juvenile’s age, past criminal history, social history, academic considerations, strength of the evidence and level of parental participation in the child’s life.
PLEA AGREEMENT (PLEA BARGAIN) - Negotiation of an agreement between the prosecuting and defending counsel or for a reduced disposition or penalty.
PLACEMENT OFFICER - A Juvenile Probation Officer charged with finding alternative placement venues, delineating funding streams, and maintaining contact with the youth and facility personnel while the youth is in placement.
POST-DISPOSITION-Post-disposition refers to the period following the court’s entry of a disposition order and lasting until the youth is no longer under the supervision of the juvenile court or any state agency to which he or she was transferred a as result of a commitment. During post-disposition, a variety of procedures or hearings regarding the client can require the assistance of counsel. These include, but are not limited to, conducting an appeal or helping the client obtain new appellate counsel; representing the youth in probation and parole violation hearings, at commitment review hearings, or at extension of incarceration hearings; challenging condition of confinement that violate the client’s state and constitutional rights or circumvent services ordered by the court; and any other legal counseling required until the youth is no longer supervised in the case.
PRE-ADJUDICATION - Events that occur before the Adjudication Hearing.
PRE-DISPOSITION REPORT (REPORT TO THE COURT) - Sometimes called a “social history” or “social study,” it is a report to the court prepared by a Juvenile Probation Officer for the Judge's consideration at the Disposition Hearing. This report includes a review of the juvenile's criminal history, behaviors, academics and family history. The Report to the Court also contains the probation officer’s dispositional recommendations.
PRELIMINARY HEARING/PRELIMINARY INQUIRY - The initial meeting between the probation officer, parent/guardian and youth
(1) At this hearing the probation officer will:
(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.
PROBABLE CAUSE HEARING - A hearing where a determination is made by the Judge as to the likelihood that the juvenile committed the crime.
PROBATION - A court-pronounced sentence where a judge orders that a minor will reside in a court determined placement (at home or another court directed location) under the supervision of a probation officer with several conditions for a specific period.
PROBATION OFFICER (Juvenile Probation Officer or JPO) - The court assigned individual whose task is to ensure the orders of the court are complied with during the youth's period of supervision. In Montana, the JPO is also grated authority as a "hearings officer" who can make court supported decisions in informal proceedings.
REFERRAL TO THE COUNTY ATTORNEY - A document drafted by the probation officer alleging the crime (s) committed by the youth. The purpose of the referral is to seek the filing of a petition which directs the youth to appear before a district court judge to answer to the charges contained in the petition.
RESIDENTIAL TREATMENT FACILITY - Live-in health care facility providing therapy for substance abuse, mental illness, or other behavioral issues for youth.
RESTITUTION - The amount of money the court orders the juvenile defendant to pay the victim as a condition of the juvenile defendant's sentence for the victim's out-of-pocket losses directly related to the delinquent act.
RESTITUTION OFFICER - The Juvenile Probation Officer tasked with handling cases where restitution has been ordered.
REVOCATION - A court order rescinding or withdrawing a previous court order. When a person on probation has violated one or more of the terms or conditions of probation, a petition to revoke probation or modify the term and conditions may be filed with the court. If the allegations are proven, the judge may modify the terms of probation or revoke probation and exercise any of the dispositional alternatives, including a commitment to the Department of Corrections.
SHELTER CARE - Short-term (generally up to 30-days) crisis intervention placement designed to aid in removing youth from problematic residential care or detention while crafting a case plan and determining long-term placement options.
STATUS HEARING -The status hearing is an informal discussion between the judge, prosecutor, your attorney, youth court, and you about the particulars of your case. Here you can decide whether to continue with your plea or change your plea.
At the hearing you can:
Learn what the charges against you are and why it is alleged you committed the act(s)
Ask questions about things you are unclear about or don’t understand
SUPERVISION OFFICER - A youth probation officer charged with the daily supervision of youth court clients.
TRANSFER HEARING - A special hearing held to determine if the allegations are such that they warrant a “transfer” to the adult court system. Once transferred, prosecution will bring charges against the youth as if he/she were an adult. At the transfer hearing, cases are heard by a judge who determines if there are sufficient grounds for the transfer of if the merits of the case warrant a “remand” back to Youth Court where the court's dispositional order is supervised by the youth court.
YOUTH IN NEED OF CARE - Defined as a youth who has been adjudicated or determined, after a hearing, to be or to have been abused, neglected, or abandoned.
YOUTH IN NEED OF INTERVENTION - A youth who is adjudicated as a youth and who:
(a) commits an offense prohibited by law that if committed by an adult would not constitute a criminal offense, including but not limited to a youth who:
(i) violates any Montana municipal or state law regarding alcoholic beverages; or(ii) continues to exhibit behavior, including running away from home or habitual truancy, beyond the control of the youth's parents, foster parents, physical custodian, or guardian despite the attempt of the youth's parents, foster parents, physical custodian, or guardian to exert all reasonable efforts to mediate, resolve, or control the youth's behavior; or
(b) has committed any of the acts of a delinquent youth but whom the youth court, in its discretion, chooses to regard as a youth in need of intervention.