Montana Code Annotated 2023



Part 3. Custody and Detention

Custody -- Hearing For Probable Cause -- Procedure

41-5-333. Custody -- hearing for probable cause -- procedure. (1) At a probable cause hearing held pursuant to 41-5-332, the youth must be informed of the youth's constitutional rights and the youth's rights under this chapter.

(2) A youth must be represented by counsel at a probable cause hearing unless the right to counsel is waived after consultation with an attorney prior to the hearing.

(3) A parent, guardian, or custodian of the youth may be held in contempt of court for failing to be present at or to participate in the probable cause hearing unless the parent, guardian, or custodian:

(a) cannot be located through diligent efforts of the investigating peace officer or peace officers; or

(b) is excused by the court for good cause.

(4) At the probable cause hearing, a guardian ad litem may be appointed as provided in 41-5-1411.

History: En. Sec. 13, Ch. 286, L. 1997; amd. Sec. 2, Ch. 37, L. 2009.