FREQUENTLY ASKED QUESTIONS

 

 

Who are all the people in the courtroom and what are their roles?

 

Bailiff- Generally a Deputy Sheriff or assignee. He or she announces the arrival of the Judge and presides as supervisor of order and decorum in the courtroom.

 

Clerk – The clerk’s job is to record all conversation between court participants.

 

Prosecutor- The prosecutor (also known as the “county attorney”,  “state’s attorney” or “district attorney”) is the state’s representative in the courtroom. He or she is the one accusing the juvenile of certain criminal acts.

 

Defense Attorney- Parents may choose to hire private counsel for their child. When counsel is provided by the State, the Defense Attorney  (in this instance, known as the “Public Defender”), serves as the defendant's (youth) legal representative in court. In juvenile matters, the defense attorney is charged with representing what is believed to be in the best interest of his/her client (i.e., the child) and may run counter to what the parent perceives to be their interest.

 

Juvenile Probation Officer- The Juvenile Probation Officer is the Youth Court representative in the courtroom. Most often you will have had an initial contact with this person prior to coming to court. Her job in the courtroom is to accurately record and carry out the recommendations made in court.

 

Judge- The Judge’s job is to hear your case and to decide questions of law. The Judge is the only person in the court who can sentence or “adjudicate” your case

 

What if my Kid is in Jail?

 

Arrest

If your kid has been arrested, he/she will initially be taken to the Missoula County Juvenile Detention Facility for processing and detention. (Visitation requirements can be found here: Visiting Kids in Custody

 

Newly processed kids are held in isolation for 24 hours pending placement in general population. As such, there is only an initial phone call allowed and after such time, they will not be made available to parents or guardians until the following day.

 

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 to determine whether to continue custody or to release to a less restrictive environment. In many 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 screening for Home Arrest does not guarantee release. It merely means that 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, it is not a determination of guilt or innocence; it simply means that he/she did not fit the program criteria for release. Finally, if your child is continued in custody his/her attorney has the right to request another screening at later date.

 

Home Arrest Screening

 

After court, the attending Juvenile Probation Officer returns to Youth Court and advises Home Arrest staff of the request for screening. Typically, staff makes every attempt to screen potential candidates within 48 hours (excluding weekend and holidays). Screening is a multifaceted process involving information gathering from the following sources:

 

  • Parents
  • Candidate (Youth)
  • Probation Officer
  • School
  • Counselors
  • Therapist
  • Employers (where appropriate)
  • Prosecutor
  • Defense Council
  • Detention Staff
  • Victims (where appropriate)

 

In researching information, Home Arrest staff looks for:

 

  • Recent involvement with Youth Court
  • Nature of the present allegations
  • Current behavioral issues at home and school
  • Response to treatment and or counseling
  • Long –range plans of the Probation Officer
  • Likelihood to abscond
  • Positive or “protective” factors present
  • Substantiated risk factors
  • Attitude and behavior while in detention
  • Parent/Guardian competency and willingness to adhere to program stipulations

 

If release and placement on Home Arrest is warranted, staff will coordinate release and intake times with the parent/guardian.

 

What are some of the reasons my child may be denied placement on Home Arrest?

 

  • Evidence shows that he/she is likely to abscond and not appear for court
  • He may be an imminent danger to himself or others
  • She may be deemed to be in an abusive situation at home (may allow for a placement outside your residence)
  • Recent reasonable efforts to maintain him at home have met with little to no success
  • Limited cooperation from Parent/Guardian
  • She is awaiting transfer to a secure institution or treatment venue

 

What if I refuse to pick up my child from detention?

 

When release has been determined you must retrieve your child from detention. Children 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, potentially 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 as well as confusing and vary greatly dependent upon circumstances. If your child is adjudicated on an offense, we advise that your talk with his/her attorney regarding procedure for sealing or destruction of these records.

 

What are Pine Hills and Riverside?

 

Pine Hills and Riverside are state correctional institutions for juveniles (Pine Hills for Boys and Riverside for Girls). Once adjudication takes place a recommendation may be made for commitment to the the State Department of Corrections. "DOC" at that time may make further recommendation for placement at either of Pine Hills or Riverside. Generally speaking, after adjudication and commitment are made, a youth's relationship with Juvenile Probation is terminated.

 

Both Pine Hills and Riverside have several solid programs geared towards addressing criminal thinking errors and chemical dependency issues.

 

Once the program at the institution is completed, youth are released under the supervision of Juvenile Parole Officers.

 

Can I be held Responsible for my child’s actions?

 

If a parent contributes to the delinquent act by not adequately supervising the child the parent along with the child can be held responsible.

There also may be civil remedies against a parent.

 

What is the difference between Parole and Probation?

PAROLE is assigned to individuals leaving state Department of Corrections placements (Pine Hills or Riverside)

 

PROBATION is court-supervised freedom, if a juvenile abides by certain pre-determined conditions established in a court hearing.

 

What are the most Common Offenses Committed by Probationers? (form more information see Juvenile Statistics)

  • Drugs (Possession/Use/Sale)

  • Theft

  • Assault (Partner-Family Member)

  • Criminal Mischief

  • Sex Offenses

  • Burglary

  • Robbery

Where can I park while visiting the Youth Court?

 

There is ample off-street parking in front of the Youth Court as well as the downtown-parking garage.  However, please do not park in employee or RESERVED parking spaces behind Youth Court, as violators will be towed away at 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 523-5140. The Regional Supervisor is Ed Sheehy.

 

How do I contact the County Attorney’s Office?

 

You can contact the County Attorney’s Office 721-5700. The County Attorney is Fred Vanvalkenberg.

 

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 Department Head is Gary Evans.

 

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 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 is a Runaway and or Truant, can they go to Youth Court for this?

 

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 minor, they can pick him/her up and bring them home. If cited, the child and parent will be contacted by Youth Court to appear at a hearing on the charges.

 

If the minor is truant from school, parents should contact their local school district for assistance. The school district may make a referral to the County Attorney if a minor is considered a chronic truant.

 

I received a “Notice to Appear” to come to court. What do I do now?

 

Both the parent and child will have to attend the court hearing on the scheduled date. You may make a determination to have an attorney to 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 may appoint one for you.

 

What is an initial intake? Do I need a lawyer for a conference?

 

An initial intake is held with the minor and his or her family in order to determine both the youth's level of accountability in the action and to determine if diversion from the juvenile court process would be appropriate. You would meet with a Juvenile Probation Officer for approximately one hour. Questions are asked concerning the minor and his/her family’s home situation, school, peers and if appropriate, drug and alcohol usage. After gathering the pertinent information, the Officer may recommend a Probation Adjustment and may make referrals to agencies such as Family and Individual Counseling, Drug and Alcohol Counseling and Advocacy. If an informal adjustment is not appropriate the Intake Officer will recommend that a delinquent petition be filed in Juvenile Court.

 

The decision to retain a lawyer for the initial intake is solely at the discretion of the parents and the youth.

 

How can the juvenile records be expunged or erased?

 

In order to have records expunged a petition with this request should be filed with the court. This is a complex legal  matter and it is recommended that an attorney be consulted if you wish to pursue this end.

 

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 court system depends on each individual case. The Judge determines what the family will be financially responsible for. A parent may be responsible for attorney fees; cost of prosecution, restitution fees and other services, which may be ordered for your child or the family.

 

Can I have a copy of the police report?

 

Court services does not provide families with copies of the police reports. Parents should consult an attorney for information contained in the police report.

 

How do I behave in Court?

 

  • Dress appropriately i.e., preferably no shorts or halter-tops. Remember to remove your hat upon entering the courtroom
  • Don’t chew gum, eat or bring opened food or drink items into the courtroom
  • Don’t talk loud while awaiting your proceeding
  • Address the judge as “Your Honor” when speaking to him/her
  • Don’t interrupt others while they are speaking
  • Discuss any questions you have with your attorney before appearing in court
  • Unless they are in custody, when their child’s case is called before the judge, parents are allowed to stand at the table with their child (please advise your child's attorney prior to approaching)

 

 

How do I get my child admitted to the Detention Center?

 

Parents do not determine whether a juvenile should be detained in the Detention Center. Only Juvenile Court Judges and Law Enforcement Officers can effect this. 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?

 

In short, the answer is no. Issues of confidentiality are paramount in the juvenile justice system and allowing your kid there for a “visit” would not be in accord with this. Also, recent studies have shown that the “scared straight” mentality does not work long-term for kids in general.

 

How long does my child stay in the Detention Center?

 

On an average, a child stays in the Detention center for 15 days however, each case is different and only the Juvenile Court Judge can determine when a juvenile is to be released.

 

Do the kids in the Detention Center attend school?

 

Once a Judge determines that a minor will remain in the detention center, he/she will immediately attend school. The Detention Center is staffed with 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 course work they might have.

 

The school program operates five days a week from 9:00 a.m. through 4:00 p.m. and runs throughout the whole year. Through an agreement with the Missoula County Schools, credits earned in detention are transferable to mainstream school once the child is released.

 

Can parents bring clothing and other items to the detention center?

 

No. Court Services provides the minor’s with everything that he/she will need including clothing, shoes, sanitary and hygiene items. The minor will also not need any money. Juveniles in the Detention Center have breakfast, lunch, dinner, and nutritious snacks throughout the day.

 

Can you recommend an attorney?

 

We cannot recommend specific attorneys, however, you generally would do well to obtain an attorney who is familiar with juvenile law.

 

What are my duties as a parent if my child is on probation?

  • Report violations of the probationary agreement to his/her Officer

  • Ensure that your child appears in court when warranted

  • Keep all scheduled treatment and/or counseling appointments

  • Provide necessary means of transportation to all court directed meetings

  • Enforce household rules with consistency

  • Provide regular daily supervision

I am a student and I'm interested in becoming a Probation Officer. Who do I contact?

 

You can contact the Youth Court at the above listed number and one of our administrative staff will direct your question to someone who will be glad to provide you with the requisite information.