41-5-501. Petition -- form and content. A petition initiating proceedings under this chapter shall be signed by the county attorney and shall be entitled "In the Matter of ...., a youth" and shall set forth with specificity:
     (1) the facts necessary to invoke the jurisdiction of the court, together with a statement alleging the youth to be a delinquent or in need of supervision;
     (2) the charge of an offense, which shall:
     (a) state the name of the offense;
     (b) cite in customary form the statute, rule, or other provisions of law which the youth is alleged to have violated;
     (c) state the facts constituting the offense in ordinary and concise language and in such manner as to enable a person of common understanding to know what is intended; and
     (d) state the time and place of the offense as definitely as can be done;
     (3) the name, birth date, and residence address of the youth;
     (4) the names and residence addresses of parents, guardian, and spouse of the youth and, if none of the parents, guardian, or spouse resides or can be found within the state or if there is none, the adult relative residing nearest to the court;
     (5) whether the youth is in detention or shelter care and, if so, the place of detention or shelter care and the time he was detained or sheltered;
     (6) if any of the matters required to be set forth by this section are not known, a statement of those matters and the fact that they are not known; and
     (7) a list of witnesses to be used in proving the commission of the offense or offenses charged in the petition, together with their residence addresses. The names and addresses of any witnesses discovered after the filing of the petition shall be furnished to the youth upon request.

     History: En. 10-1215 by Sec. 15, Ch. 329, L. 1974; amd. Sec. 7, Ch. 571, L. 1977; R.C.M. 1947, 10-1215.