Montana § 41-5-204 Venue And Transfer

Montana Statutes

§ 41-5-204 — Venue And Transfer

Montana § 41-5-204

Title 41MINORS

Ch. 5YOUTH COURT ACT

Part 2Youth Court -- Jurisdiction -- Records

This text of Montana § 41-5-204 (Venue And Transfer) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 41-5-204 (2026).

Text

41-5-204 . Venue and transfer.

(1)The county where a youth is a resident or is alleged to have violated the law has initial jurisdiction over any youth alleged to be a delinquent youth. Except as provided in 41-5-206 , the youth court shall assume the initial handling of the case.

(2)The county where a youth is a resident has initial jurisdiction over any youth alleged to be a youth in need of intervention. The youth court of that county shall assume the initial handling of the case. Transfers of venue may be made to any of the following counties in the state:

(a)the county in which the youth is apprehended or found;

(b)the county in which the youth is alleged to have violated the law; or

(c)the county of residence of the youth's parents or guardian.

(3)In the case of a youth alleged

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41-5-204 . Venue and transfer. (1) The county where a youth is a resident or is alleged to have violated the law has initial jurisdiction over any youth alleged to be a delinquent youth. Except as provided in 41-5-206 , the youth court shall assume the initial handling of the case.
(2) The county where a youth is a resident has initial jurisdiction over any youth alleged to be a youth in need of intervention. The youth court of that county shall assume the initial handling of the case. Transfers of venue may be made to any of the following counties in the state:
(a) the county in which the youth is apprehended or found;
(b) the county in which the youth is alleged to have violated the law; or
(c) the county of residence of the youth's parents or guardian.
(3) In the case of a youth alleged to be a youth in need of intervention, a change of venue may be ordered at any time by the concurrence of the youth court judges of both counties in order to ensure a fair, impartial, and speedy hearing and final disposition of the case.
(4) In the case of a youth 16 years of age or older who is accused of one of the serious offenses listed in 41-5-206 and who is to be tried in district court, the charge must be filed and trial held in the district court of the county where the offense occurred.

Legislative History

En. 10-1207 by Sec. 7, Ch. 329, L. 1974; R.C.M. 1947, 10-1207; amd. Sec. 2, Ch. 60, L. 1985; amd. Sec. 16, Ch. 550, L. 1997; amd. Sec. 4, Ch. 114, L. 2001.