Who are all the people in the courtroom and what are their roles?
Bailiff - Generally, the bailiff is a Deputy Sheriff or assignee. The bailiff announces the arrival of the Judge and presides as supervisor of order and decorum in the courtroom.
Clerk – The clerk’s job is to assist with court related administrative duties. They maintain court records, administer oaths to witnesses and jurors, and authenticate copies of the court's orders and judgments with the court's seal.
Court Reporter - The court reporter transcribes speech from legal proceedings, typically via stenography.
Defendant - In juvenile proceedings, the defendant is the youth being charged.
Defense Attorney - Also known as the “Public Defender”, in juvenile proceedings, the Defense Attorney serves as the defendants (youth’s) legal representative in court. The defense attorney in consulting with the youth is charged with representing what is believed to be in the best interest of their client (the youth) and in some instances, may run counter to what the parent perceives to be their best interest.
Judge - The Judge’s job is to hear the youth's case and to decide questions of law. The Judge is the only person in the court who can sentence or “adjudicate” the case.
Juvenile Probation Officer (JPO) -The Juvenile Probation Officer is the Youth Court representative in the courtroom. In most instances you will have had initial contact with this person prior to coming to court. Their job in the courtroom is to accurately advise the court of the factors relating to your appearance, your record as well as make and carry out the recommendations made in court.
Prosecutor - The prosecutor (also known as the “County Attorney”, “State’s Attorney”, "The State" or “District Attorney”) is the state’s representative in the courtroom. He or she is the person legally accusing the juvenile of specific status or criminal acts. In many instances, the presiding judge will refer to the county attorney as “the state” when requesting information or issuing a directive.
Can i have my kid ticketed?
As a parent, the law stipulates you are entitled to the reasonable expectation your child will follow the rules of your household. If they are beyond your control, refuse to redirect and interventions have not been successful, you can dial 9-1-1 and request an officer to respond to your residence. After consultation with you and your child, the officer will make the determination if the issuance of an " ungovernable" citation is necessary. Both you and your child will receive a "notice to appear" in Youth Court letter to discuss the charges.
If physical force has been used, or there is reasonable apprehension it is imminent, do not hesitate to contact law enforcement. The same applies in instances where you have knowledge indicating your child has committed a criminal act.
What if my Kid has been arrested and is in Jail?
If your child has been arrested, they will initially be taken to the Missoula County Juvenile Detention Facility for processing and detention.
Newly processed youth are held in isolation for 24-hours pending placement determination (either in general population or isolation). As such, there is only an initial phone call allowed and they will not be made available to visit with parents or guardians until the following day. (see "Missoula County Juvenile Detention Facility Policies" for more specifics on visitation at the facility)
As mentioned above in the Youth Court section, in Montana, a “Detention Hearing” must be held before a judge within 24-hours, excluding weekends and holidays in order to determine whether to continue custody status or to release the youth to a less restrictive environment. In some instances, the less restrictive environment may be the child’s home with the addition of court-ordered Home Arrest. All potential Home Arrest clients must successfully meet all screening requirements prior to release.
Be advised that Home Arrest screening does not guarantee release. It means the court would like to further investigate the possibility of release to the community under terms and conditions set forth by the court and executed by the program. If your child is denied Home Arrest, it is not a determination of guilt or innocence; it means they did not fit the program criteria for release. Finally, if your child is continued in custody, their attorney reserves the right to request another screening at later date. (see Home Arrest section in this document)
What are some of the reasons my child may be denied placement on Home Arrest?
What happens if I refuse to pick up my child from detention?
When a release time and date has been determined and the court has directed they return to your care, you must retrieve your child from detention. Youth who are not picked up by a parent or designated adult will result in the parent being referred to the Department of Child and Family Services and potentially being charged with neglect and face possible prosecution.
Will my kid have a record?
State laws governing whether a youth’s record may be sealed or destroyed can be complicated and confusing and vary greatly dependent upon circumstances. If your child is adjudicated on an offense, we advise that your talk with their attorney regarding procedure for sealing or destruction of these records.
What are the Montana Youth Correctional Facilities?
Pine Hills Youth Correctional Facility located in Miles City, Montana and the “5 C’s” ( Five County Youth Treatment and Rehabilitation Center ), located in Rexburg, Idaho are Montana Department of Corrections (DOC) state sanctioned correctional institutions for juveniles (Pine Hills for Boys and 5 C’s for Girls). Once adjudication takes place and the recommendation is made for a commitment to the state Department of Corrections, a determination for placement is made. Juveniles are “placed” with the DOC and are available for services provided as such.
Both Pine Hills and 5 C’s have several solid programs geared towards addressing oppositional/defiant behaviors, criminal thinking errors, as well as chemical dependency issues.
Once the program at the institution is completed, youth are released and return to Youth Court supervision under outlined conditions of release for the remainder of their imposed sentence.
Can I be held Responsible for my child’s actions?
State of Montana law provides that minor children (under the age of 18) are not of majority and as such you have a legal responsibility as a supervising parent to ensure to the best of your ability that your child remains legally compliant. If evidence exist that you have not met your parental responsibilities, you may be held liable for their actions. Montana Code Annotated Statue 40-6-237 states that as a parent, you may be required to pay restitution for property loss or damage caused by your child.
What is the difference between Parole and Probation?
PAROLE is the conditional release assigned to individuals leaving state Department of Corrections placements (Pine Hills or 5 C’s).
PROBATION is court-supervised freedom, if a juvenile abides by certain predetermined conditions established in a court hearing. (for further information, see Parole and Probation in the “Frequently Used Terminology” section of this website).
Where can I park while visiting the Youth Court?
There is metered off-street parking adjacent to Youth Court as well as the downtown-parking garage located at 201 E. Front Street. However, please do not park in employee or RESERVED parking spaces behind Youth Court, as violators will be towed at the vehicle owner’s expense.
How do I contact the Juvenile Public Defender’s Office?
If you are referred to the Juvenile Public Defender’s Office, you may contact them at:
REGION2 OFFICE OF THE PUBLIC DEFENDER – MISSOULA
610 N. Woody, Missoula, MT 59802
523-5140
FAX 523-5141
How do I contact the County Attorney’s Office?
You can contact the Missoula County Attorney’s Office at (406) 721-5700. The current County Attorney is Kirstin Pabst.
How do I contact the Juvenile Detention Center?
The Detention Center telephone is answered 24-hours per day, 7-days per week. The number is (406)-258-4054. The Juvenile Detention Facility Operations Person is Assistant Commander Sheryl Ziegler.
Where is Youth Court located?
The Youth Court Office is located at 311 Woody Street, west of the County Courthouse building. The phone number is (406) 258- 4735. The Chief Juvenile Probation Officer is Glen Welch.
What hours are you open?
The Youth Court office is open between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding weekends and Holidays.
My child ran away from home/is truant from school. What should I do?
Runaway and Truancy are considered status offenses. For children that are runaways, parents should contact the local police department and have the minor listed as a runaway or missing person so that if police come into contact with the youth, they can pick him/her up and bring them home.
Here is a link to the Missoula City Police Department's Runaway Form:
Juvenile Status Offense Report
You must fill out the form and bring it to the Police Department. Copies of the form are also available at the Missoula City Police Department located at 435 Ryman St, Missoula, MT 59802 Phone: (406) 552-6300. If your child returns home prior to law enforcement contact, you must inform the Police Department in order for the youth to be removed from the active runaway list.
If the minor is truant from school, parents should contact their local school district for assistance. The school district may make a referral to County Attorney if a minor is considered a chronic truant.
I received a “Notice to Appear” letter to come to court. What do I do now?
You and your child will have to attend a hearing (initial intake/preliminary inquiry) at the Youth Court Office and meet with a Juvenile Probation Officer at the scheduled date and time. Although an attorney is generally not required at this stage, you may make a determination to have an attorney represent your son or daughter. If you cannot afford to hire a private attorney, you will have to fill out a financial affidavit and the court will appoint one for you. You may request an attorney at any time during these proceedings.
What is an initial intake/preliminary inquiry? Do I need a lawyer for this?
An initial intake (also known as a preliminary inquiry) is held with the minor and their legal parent or guardian in order to determine the validity of the charges, appropriate sanctions, or if diversion from the juvenile court process would be appropriate. You will meet with a Juvenile Probation Officer for approximately one hour. Questions are asked concerning the alleged offense, the minor and the family’s home situation, school, peers, current treatment and counseling services as well as substance abuse issues. After gathering the appropriate information, and dependent upon the nature of those allegations, the Hearings Officer may make several recommends ranging from dismissal of the charges, a warning, a consent decree, in addition to referrals to outside agencies for services such as family and/or individual counseling, and drug and alcohol counseling. If an informal adjustment is not appropriate, the Hearings Officer will make a referral to the County Attorney requesting a delinquent petition be filed in District Court.
How can juvenile records be expunged or erased?
In order to have records expunged, a petition with this request must be filed with the court. This is a legal matter and it is recommended that an attorney be consulted if you wish to pursue this end.
How can my juvenile record affect my future?
Dependent upon the nature of a case, even if a delinquent offense occurred before your 18th birthday, you can be under the supervision of Juvenile Court until you turn 19 years old and in some instances, the court can retain jurisdiction up to age 25. Colleges and certain employers may ask about your juvenile record. If you are applying to the military, they also may check your juvenile background. Also, your juvenile court record can be used against you to increase your punishment if you are ever convicted of a crime in adult court.
How much do I have to pay if my child gets involved in the Court System?
The cost of your child becoming involved in the juvenile court system depends on each individual case. If treatment and or counseling services are warranted, there may be associated costs. In cases involving restitution and personal payment is mandated,, the JPO handling your child’s case will make you aware of these costs. A parent may be responsible for various court fees such as cost of prosecution, restitution fees, placement cost and other services, which may be ordered for your child or the family.
Can I have a copy of the police report?
Youth Court does not provide families with copies of the police reports. Parents should consult an attorney for information contained in the police report.
How am I expected to behave in Court?
How do I get my child admitted to the Detention Center?
Parents cannot determine whether a juvenile should be detained in the Detention Center. Only Juvenile Court Judges and Law Enforcement Officers can effect this action. A juvenile can only be considered for admission to the Detention Center if he/she has been charged with a delinquent (criminal) offense.
I want to give my kid a scare. Can I bring him/her to the Detention Facility?
No. Issues of safety and confidentiality are paramount in the juvenile justice system and allowing your child there for a “visit” would not be in accord with this directive. Also, recent studies have shown that the “scared straight” mentality (threatening lock-up) has been unsuccessful as a long-term deterrent for youth criminal activity in general.
How long does my child stay in the Detention Center?
Each case is different and in most instances, only the Juvenile Court Judge can determine when a juvenile is to be released from detention.
Do the kids in the Detention Center attend school?
Once a Judge determines that a minor will remain in the detention center, they will immediately have the opportunity to attend school. The Detention Center is staffed by Missoula County Public Schools (MCPS) certified teachers, therefore, juveniles do not leave the detention center for school. Once a child enters the facility, education staff contacts their last attended school for any homework they might have. Detention staff can only provide the opportunity, they cannot make a youth attend school.
The detention center school program operates five days a week and runs throughout the entire year. Through an agreement with MCPS, credits earned in detention are transferable to either the youth's current school or a certified alternative education program once the child is released.
Can parents bring clothes and other items to the detention center?
Detention staff provides the youth with what they will need during their stay, including clothing, shoes, sanitary and hygiene items. The detained youth can put money on their account for commissary items. Juveniles in the Detention Center are served breakfast, lunch, dinner, and nutritious snacks throughout the day.
Does the Juvenile Detention Center provide medical and mental health support?
Medical staff is on site at the co-located adult facility. A registered nurse is available 24-7. Mental health providers are present during day shift hours, Monday through Friday. If it is warranted, staff will refer out cases to appropriate medical personnel in the community. If your child has a medical emergency, you will be contacted and advised of the emergency situation as soon as possible.
Can I bring my child’s medication to the detention center?
Yes, you may bring prescribed medication in for your child. The medication must be in the original prescription container with the original and complete label, detailing the patient name, medication type, dosage, pharmacy name, and prescribing doctor. The prescription must be current. At the time of delivery, detention staff will ensure the validity of the medication and obtain necessary consent information.
Can you recommend an attorney?
As per policy, Youth Court cannot recommend specific attorneys. However, if you choose to secure a private attorney, it would be wise to obtain an attorney that is familiar with juvenile law, as well as Youth Court proceedings.
I am the victim in a case involving a juvenile. How can I find information about the status of the case?
You can contact the Missoula County Attorney’s Office at (406) 728-2400. You must give your name, the name of the juvenile and support staff will connect you with the Crime Victim Witness Coordinator.
I am a victim in a juvenile case where restitution has been ordered. Who do I contact to find information about the status of the case?
You can call the Missoula Youth Court Office at (406) 258-4735 and ask for the Restitution Officer handling the case. They will give you the current information we have on file.
What are my duties as a parent if my child is on probation?