Montana Code Annotated
Part 3. Custody and Detention
41-5-331. Rights of youth taken into custody -- questioning -- waiver of rights

41-5-331. Rights of youth taken into custody -- questioning -- waiver of rights. (1) When a youth is taken into custody for questioning upon a matter that could result in a petition alleging that the youth is either a delinquent youth or a youth in need of intervention, the following requirements must be met:
(a) The youth must be advised of the youth's right against self-incrimination and the youth's right to counsel.
(b) The investigating officer, juvenile probation officer, or person assigned to give notice shall immediately notify the parents, guardian, or legal custodian of the youth that the youth has been taken into custody, the reasons for taking the youth into custody, and where the youth is being held. If the parents, guardian, or legal custodian cannot be found through diligent efforts, a close relative or friend chosen by the youth must be notified.
(2) A youth may waive the rights listed in subsection (1) under the following situations:
(a) when the youth is 16 years of age or older, the youth may make an effective waiver subject to the provisions of 41-5-333(2);
(b) when the youth is under 16 years of age and the youth and the youth's parent or guardian agree, they may make an effective waiver subject to the provisions of 41-5-333(2); or
(c) when the youth is under 16 years of age and the youth and the youth's parent or guardian do not agree, the youth may make an effective waiver only with advice of counsel.
History: En. 10-1218 by Sec. 18, Ch. 329, L. 1974; amd. Sec. 6, Ch. 100, L. 1977; amd. Sec. 9, Ch. 571, L. 1977; R.C.M. 1947, 10-1218(1)(a), (1)(b); amd. Sec. 1, Ch. 385, L. 1979; amd. Sec. 7, Ch. 475, L. 1987; amd. Sec. 5, Ch. 515, L. 1987; (2) thru (6) En. Sec. 1, Ch. 475, L. 1987; amd. Sec. 2, Ch. 271, L. 1989; amd. Sec. 3, Ch. 547, L. 1991; amd. Sec. 11, Ch. 286, L. 1997; amd. Sec. 76, Ch. 550, L. 1997; Sec. 41-5-303, MCA 1995; redes. 41-5-331 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 63, Ch. 2, L. 2009; amd. Sec. 1, Ch. 37, L. 2009.

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