Mont. Code Ann. » TITLE 41. MINORS · CHAPTER 5. YOUTH COURT ACT · Part 14. Formal Proceeding -- Procedure
Montana Code Annotated

Mont. Code Ann. § 41-5-1401 (2026)

Petition -- County Attorney -- Procedure -- Release From Custody

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 5
  4. Part 14
  5. 41-5-1401 Petition -- county attorney -- procedure -- release from custody

TITLE 41. MINORS

CHAPTER 5. YOUTH COURT ACT

Part 14. Formal Proceeding -- Procedure

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.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2009–2022 · leading case: Renenger v. State, 426 P.3d 559 (Mont. 2018).
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Renenger v. State, 426 P.3d 559 (Mont. 2018). · cites it 5× “Section 41-5-1401, MCA. 4 A petition initiating proceedings must be ***502 signed by the county attorney 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…”
Matter of K.E.G. Youth, 2013 MT 82 (Mont. 2013). · cites it 2× “an “arrest”); §§ 41-5-334(1), -349(1), -1522(2), MCA (providing, with limited exceptions, that a youth may not be detained or placed in a facility used for the confinement of adults accused or convicted of criminal offenses); §§ 41-5-1301, -1302, MCA (permitting youth matters to…”
D.H. v. Montana Fourth Jud. Dist. Court, 2012 MT 106 (Mont. 2012). · cites it 6× “Section 41-5-1401(1), MCA. The youth court must grant leave to the State to file a petition if probable cause exists.”
Matter of B.I. N.G., 2009 MT 350 (Mont. 2009). · cites it 3× “The Youths argue that without a formal charging petition, “the State and the youth court effectively take the informal admissions and equate them as formal admissions or equate them as a finding of a youth in need of intervention.” According to 1 Under the Montana Youth Court…”
In re B.I., 2009 MT 350 (Mont. 2009). · cites it 3× “…adjustment. The State must file a petition if the youth is a delinquent youth or a youth in need of intervention. See Section 41-5-1401, MCA.”
Matter of D.A.T., A Youth., 2022 MT 174 (Mont. 2022). · cites it 8× “FACTUAL AND PROCEDURAL BACKGROUND ¶2 On April 23, 2020, the State filed in the youth court of the Montana Eighth Judicial District Court a formal delinquent youth petition under §§ 41-5-1401 and -1402, MCA, alleging that, on or about January 1, 2015, the then nine-year-old Youth…”
A.C. v. Montana Tenth Jud. Dist. Court, 2012 MT 110 (Mont. 2012). · cites it 3× “Section 41-5-1401(1), MCA. This occurred in the cases of both D.”
In Re Bi, 2009 MT 350 (Mont. 2009). · cites it 3× “…adjustment. The State must file a petition if the youth is a delinquent youth or a youth in need of intervention. See Section 41-5-1401, MCA.”
Mont. Code Ann. § 41-5-1401(1): 2 cases
D.H. v. Montana Fourth Jud. Dist. Court, 2012 MT 106 (Mont. 2012). “Section 41-5-1401(1), MCA. The youth court must grant leave to the State to file a petition if probable cause exists.”
A.C. v. Montana Tenth Jud. Dist. Court, 2012 MT 110 (Mont. 2012). “Section 41-5-1401(1), MCA. This occurred in the cases of both D.”
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