Tribe: Crow Tribe of Montana
9-14-103. Filing and content of petition.
(1) Petition.
Formal “youth offender” proceedings shall be initiated by a petition filed by the youth presenter on
behalf of the Tribe and in the interests of the youth and shall be as follows:
(a) The petition shall be entitled, “In the matter of______________, a youth” and shall set
forth with specificity:
(i) The name, birth date, residence, and Tribal affiliation of the youth;
(ii) The names and residences of the youth’s parents, guardians or custodians;
(iii) A citation to the specific section(s) of this code which gives the court jurisdiction over the
proceedings;
(iv) A citation to the criminal statute or other law or ordinance which the youth is alleged to have
violated;
(v) A plain and concise statement of facts upon which the allegations are based, including the
date, time and location at which the alleged acts occurred;
(vi) A statement alleging the youth to be a delinquent youth or a youth in need of supervision;
and
(vii) Whether the youth is in custody and if so, the place of detention and time he was taken into
custody.
(2) Petition- Additional required allegations for truancy.
In addition to the allegations required under Section 9
14-104(1), a petition alleging that a youth is habitually and without justification absent from school, shall also
allege the following:
(a) That the school and a youth’s parent, guardian or custodian have held a meeting or the youth’s parent;
guardian or custodian has refused to attend a meeting to discuss the youth’s habitual and unjustified absence
from school;
(b) That the school has provided an opportunity for counseling to determine whether a curriculum change
would resolve the youth’s problem and if the local school board or governing authority of a private school
provides an alternative education program, that the youth has been provided with an opportunity to enroll in the
alternative program;
(c) That the school has conducted a review of the youth’s educational status which may include medical
psychological and/or educational testing of the youth in accordance with the school regulations to determine whether learning problems may be a cause of the youth’s absence from school and, if so, what steps have been
taken to overcome the learning problems;
(d) That the social worker or other appropriate official of the youth’s school has conducted an
investigation to determine whether social problems may be a cause of the youth’s absence from school and, if so
that appropriate action has been taken; and
(e) That the school has sought assistance from appropriate agencies and resources available to the local
school board or private school, or has referred the matter to a local social services agency for the purpose of
utilizing and coordinating such agencies and resources.
(3) Time of filing.
(a) Upon the recommendation of the juvenile officer as provided for under Section 9-14-101(3), the
youth presenter shall file a petition within forty-eight (48) hours, exclusive of weekends and holidays, if the
youth is in custody.
(b) Upon the recommendation and receipt of the report of the juvenile officer as provided for under
Section 9-14-101, the youth presenter shall file a petition within twenty (20) days if the youth has been
previously released to a parent, guardian, custodian, relative, or responsible adult.