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

Mont. Code Ann. § 41-5-1431 (2026)

Probation Revocation Proceeding -- Petition -- Hearing -- Disposition

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 41
  3. CHAPTER 5
  4. Part 14
  5. 41-5-1431 Probation revocation proceeding -- petition -- hearing -- disposition

TITLE 41. MINORS

CHAPTER 5. YOUTH COURT ACT

Part 14. Formal Proceeding -- Procedure

Probation Revocation Proceeding -- Petition -- Hearing -- Disposition

41-5-1431. Probation revocation proceeding -- petition -- hearing -- disposition. (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 done by filing in the original proceeding a petition styled "petition to revoke probation".

(2) Petitions to revoke probation must be screened, reviewed, and prepared in the same manner and must contain the same information as petitions alleging delinquency or need of intervention. Procedures of the Montana Youth Court Act regarding taking into custody and detention apply. The petition must state the terms of probation alleged to have been violated and the factual basis for the allegations.

(3) The standard of proof in probation revocation proceedings is the same standard used in probation revocation of an adult, and the hearing must be before the youth court without a jury. In all other respects, proceedings to revoke probation are governed by the procedures, rights, and duties applicable to proceedings on petitions alleging that the youth is delinquent or a youth in need of intervention. If a youth is found to have violated a term of probation, the youth court may make any judgment of disposition that could have been made in the original case.

History: En. 10-1228 by Sec. 28, Ch. 329, L. 1974; R.C.M. 1947, 10-1228; amd. Sec. 45, Ch. 550, L. 1997; Sec. 41-5-533, MCA 1995; redes. 41-5-1431 by Sec. 47, Ch. 286, L. 1997.

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 2012–2023 · leading case: In re K.J.R., 391 P.3d 71 (Mont. 2017).
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In re K.J.R., 391 P.3d 71 (Mont. 2017). · cites it 15× “2 By its express and limited references to “probation” and “term of probation,” the probation revocation procedure specified by § 41-5-1431, MCA, does not apply to a revision or revocation of a commitment for private, out-of-home placement.”
In Re S.m.k.-s.h., 2012 MT 281 (Mont. 2012). · cites it 9× “’ ” Instead, the State contends that the youth “was in effect ‘resentenced’ pursuant to the authority of Mont. Code Ann. § 41-5-1431 (3).” We agree.”
Matter of K.E.G. Youth, 2013 MT 82 (Mont. 2013). · cites it 4× “th 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 be resolved through informal dispositions and consent adjustments, in lieu of formal proceedings);…”
Matter of D.A.T., A Youth., 2022 MT 174 (Mont. 2022). · cites it 21× “In the event of a violation of the resulting probationary terms or conditions imposed, the youth would then be subject to a revocation of probation under § 41-5-1431, MCA, and then disposition anew under §§ 41-5-1431(3) and -1513, MCA.”
State v. K.J.R., 2017 MT 45 (Mont. 2017). · cites it 12× “2 By its express and limited references to “probation” and “term of probation,” the probation revocation procedure specified by § 41-5-1431, MCA, does not apply to a revision or revocation of a commitment for private, out-of-home placement.”
State v. C.L., 2021 MT 294 (Mont. 2021). · cites it 8× “claimed that he was not an “adjudicated” youth and, therefore, probation revocation proceedings could not be initiated under § 41-5-1431, MCA. Instead, C.L. contended that, under the terms of § 41-5-1501(4), MCA (governing “[c]onsent decree[s] with petition[s]”), the correct…”
In the Matter of S.M.K.-S.H., 2012 MT 281 (Mont. 2012). · cites it 7× “” Section 41-5-1431(3), MCA. At the original dispositional hearing, the Youth Court was authorized by statute to impose a variety of dispositions for S.”
State v. H.R., 2023 MT 210 (Mont. 2023). · cites it 15× “The State also did not file a new petition for revocation consistent with requirements of § 41-5-1431, MCA, in conjunction with its transfer request.”
Mont. Code Ann. § 41-5-1431(1): 3 cases
In re K.J.R., 391 P.3d 71 (Mont. 2017). “2 By its express and limited references to “probation” and “term of probation,” the probation revocation procedure specified by § 41-5-1431, MCA, does not apply to a revision or revocation of a commitment for private, out-of-home placement.”
Matter of D.A.T., A Youth., 2022 MT 174 (Mont. 2022). “In the event of a violation of the resulting probationary terms or conditions imposed, the youth would then be subject to a revocation of probation under § 41-5-1431, MCA, and then disposition anew under §§ 41-5-1431(3) and -1513, MCA.”
State v. C.L., 2021 MT 294 (Mont. 2021). “claimed that he was not an “adjudicated” youth and, therefore, probation revocation proceedings could not be initiated under § 41-5-1431, MCA. Instead, C.L. contended that, under the terms of § 41-5-1501(4), MCA (governing “[c]onsent decree[s] with petition[s]”), the correct…”
Mont. Code Ann. § 41-5-1431(2): 3 cases
In re K.J.R., 391 P.3d 71 (Mont. 2017). “2 By its express and limited references to “probation” and “term of probation,” the probation revocation procedure specified by § 41-5-1431, MCA, does not apply to a revision or revocation of a commitment for private, out-of-home placement.”
State v. K.J.R., 2017 MT 45 (Mont. 2017). “2 By its express and limited references to “probation” and “term of probation,” the probation revocation procedure specified by § 41-5-1431, MCA, does not apply to a revision or revocation of a commitment for private, out-of-home placement.”
State v. H.R., 2023 MT 210 (Mont. 2023). “The State also did not file a new petition for revocation consistent with requirements of § 41-5-1431, MCA, in conjunction with its transfer request.”
Mont. Code Ann. § 41-5-1431(3): 7 cases
In Re S.m.k.-s.h., 2012 MT 281 (Mont. 2012). “’ ” Instead, the State contends that the youth “was in effect ‘resentenced’ pursuant to the authority of Mont. Code Ann. § 41-5-1431 (3).” We agree.”
In re K.J.R., 391 P.3d 71 (Mont. 2017). “2 By its express and limited references to “probation” and “term of probation,” the probation revocation procedure specified by § 41-5-1431, MCA, does not apply to a revision or revocation of a commitment for private, out-of-home placement.”
Matter of K.E.G. Youth, 2013 MT 82 (Mont. 2013). “th 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 be resolved through informal dispositions and consent adjustments, in lieu of formal proceedings);…”
Matter of D.A.T., A Youth., 2022 MT 174 (Mont. 2022). “In the event of a violation of the resulting probationary terms or conditions imposed, the youth would then be subject to a revocation of probation under § 41-5-1431, MCA, and then disposition anew under §§ 41-5-1431(3) and -1513, MCA.”
In the Matter of S.M.K.-S.H., 2012 MT 281 (Mont. 2012). “” Section 41-5-1431(3), MCA. At the original dispositional hearing, the Youth Court was authorized by statute to impose a variety of dispositions for S.”
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