Access to Juvenile Courts

State-by-state guide:

Montana

Mont. Code Ann. § 41-5-1502(7) (1998): The general public may not be excluded from delinquency proceedings. However, the general public may be excluded, in the court’s discretion, if there is a petition which alleges that the youth offender is in need of intervention.

Mont. Code Ann. § 41-5-1511 (1998): All dispositional hearings must be conducted in the manner set forth in § 41-5-1502(7). If the court finds that it is in the best interest of the youth, or the youth’s parents or guardian, the public may be temporarily excluded from the hearing during the taking of evidence on the issues of need for treatment and rehabilitation.

Mont. Code Ann § 41-5-205 (1998): All records concerning reports of child abuse and neglect must be kept confidential. However, records can be disclosed to the news media provided disclosure is limited to confirmation of factual information regarding how the case was handled and if disclosure does not violate the privacy rights of the child or the child’s parent or guardian. A person who is authorized to receive records under this section shall maintain the confidentiality of the records and may not disclose the information except to limited agencies. A news organization or its employee, including a freelance writer or reporter, is not liable for reporting facts or statements made by an immediate family member if the news organization, employee, writer, or reporter maintains the confidentiality of the child who is the subject of the proceeding.

Mont. Code Ann § 41-5-215 (1999): In general, all youth court records on file with the clerk of court are open to public inspection until the records are sealed under § 41-5-216. However, social, medical, and psychological records, youth assessment materials, predispositional studies, and supervision records of probationers are only open to members of the public if by court order and if the person has a legitimate interest in the case or in the work of the court.

Mont. Code Ann § 41-5-216 (1999): Court records and law enforcement records must be sealed 3 years after supervision for an offense ends. In those cases in which jurisdiction of the court or any agency is extended beyond the youth’s 18th birthday, the records must be sealed upon termination of the extended jurisdiction. Any person in violation of the sealing provision is subject to be found in contempt of court. The sealed records can be open by the court for good cause to persons who have a legitimate interest in the case or in the work of the court.


(C) 1999 The Reporters Committee for Freedom of the Press. All Rights Reserved. This material may not be reproduced without the written permission of the Reporters Committee. Printed copies of this guide are available through our online order form.