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Where is a court of competent jurisdiction? 20-5-106 Truancy (1) ...If the child is not excused..., the attendance officer shall file a complaint against such person in a court of competent jurisdiction.

Will the parent, guardian, or other person responsible for the care of the child always receive the truancy citation for the child who is 7-16 years old?

A court of competent jurisdiction to hear truancy cases would most likely be a Justice of the Peace court. The Montana statutes do require each district to appoint someone as a truancy officer. The truancy officer has the duty to file a complaint with the court if the compulsory attendance laws are not met (after following the procedure outlined in 20-5-106). It is then up to the court to determine if the person is, in fact, guilty of failing to comply with the law. The compulsory attendance law is a requirement that the parent, guardian or other person responsible ensure that the child is enrolled and attending school, therefore they would be the person receiving the citation, not the child.  If you have further questions, I would recommend that you discuss this with the County Attorney in your county.

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Last Updated
8th of February, 2010

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