In re W.D., 2026 MT 177 (Mont. 2026)

The Montana Supreme Court reversed and remanded a violation order, finding that the absence of a revocation petition violated due process. The court stated in relevant part:

The court must also ensure that the youth is afforded the procedural protections § 41-5-1431, MCA, requires before imposing any new custodial disposition or registration requirement.

The missing element in this case was not the possibility of a consolidated hearing; it was the absence of a § 41-5-1431, MCA, petition and the attendant notice that would have put W.D. on fair notice that the hearing could result in revocation and a new custodial disposition.

Because no § 41-5-1431, MCA, petition was filed here, W.D. was not fairly put on notice that the hearing would be used to adjudicate alleged probation violations and to impose a new custodial disposition and registration requirement. The Youth Court therefore exceeded the authority § 41-5-208, MCA, grants when it imposed the DOC commitment and registration requirement at the transfer hearing.