1. If the court finds from clear and convincing evidence that the child is in need of protection, the court shall proceed immediately or at a postponed hearing to make a proper disposition of the case. 2. After hearing the evidence on the petition, the court shall make and file findings as to whether the child is in need of protection. If the court finds the child is not in need of protection, the court shall dismiss the petition and order the child discharged from any restriction previously ordered in the proceeding. 3. In hearings under this section, all evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of the probative value of the evidence even though not otherwise competent in the hearing on the petition. The parties or the counsel of the parties must be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making the reports. Sources of confidential information need not be disclosed. 4. On motion of the court or that of a party, the court may continue the hearings under this section for a reasonable period to receive reports and other evidence bearing on the disposition. In scheduling investigations and hearings the court shall give priority to proceedings in which a child has otherwise been removed from the child's home before an order of disposition has been made.
27-20.3-15. Disposition of a child in need of protection. (Effective through July 31, 2027) 1. If a child is found to be a child in need of protection, the court may make any of the following orders of disposition best suited to the protection of the child or family and the physical, mental, and moral welfare of the child:
a. Permit the child to reside with the child's parents, guardian, or other custodian, subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of the child. b. Subject to conditions and limitations as the court prescribes, transfer temporary legal custody to any of the following: (1) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child. (2) The director of the human service zone to receive and provide care for the child. c. Require the child or parents, guardian, or other custodian to participate in treatment. d. Appoint a fit and willing relative or other appropriate individual as the child's legal guardian under section 27-20.1-11. e. In cases in which a compelling reason has been shown that it would not be in the child's best interests to return home, to have parental rights terminated, to be placed for adoption, to be placed with a fit and willing relative, or to be placed with a legal guardian, establish, by order, some other planned permanent living arrangement. 2. Without a compelling reason to the contrary, a court order that transfers the child from the current protective placement to a parent or other biological family must provide a reasonable period of time to facilitate a beneficial transition for the child and other parties involved. 3. A child in need of protection may not be placed in a residential facility that houses delinquent children. Disposition of a child in need of protection. (Effective after July 31, 2027) 1. If a child is found to be a child in need of protection, the court may make any of the following orders of disposition best suited to the protection and physical, mental, and moral welfare of the child: a. Permit the child to reside with the child's parents, guardian, or other custodian, subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of the child. b. Subject to conditions and limitations as the court prescribes, transfer temporary legal custody to any of the following: (1) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child. (2) The director of the human service zone to receive and provide care for the child. c. Require the parents, guardian, or other custodian to participate in treatment. d. Appoint a fit and willing relative or other appropriate individual as the child's legal guardian under section 27-20.1-11. e. In cases in which a compelling reason has been shown that it would not be in the child's best interests to return home, to have parental rights terminated, to be placed for adoption, to be placed with a fit and willing relative, or to be placed with a legal guardian, establish, by order, some other planned permanent living arrangement. 2. Without a compelling reason to the contrary, a court order that transfers the child from the current protective placement to a parent or other biological family must provide a reasonable period of time to facilitate a beneficial transition for the child and other parties involved. 3. A child in need of protection may not be placed in a residential facility that houses delinquent children.