1. Hearings under this chapter must be conducted by the court without a jury, in an informal but orderly manner and separately from other proceedings not included in section 27-20.2-03 and in accordance with the North Dakota Rules of Juvenile Procedure. 2. If the hearing has not been held within the time limit, or any extension of the time limit, required by the North Dakota Rules of Juvenile Procedure, the petition must be dismissed. 3. The state's attorney shall present the evidence in support of any allegations of the petition not admitted and otherwise conduct the proceedings on behalf of the state. 4. Except for a diversion under section 27-20.4-10 or an informal adjustment under section 27-20.4-11, the proceedings must be recorded by stenographic notes or by electronic, mechanical, or other appropriate means. 5. The general public must be excluded from all hearings under this chapter. During hearings, only the parties, the parties' counsel, witnesses, victims, and any other persons the court finds have a proper interest in the proceedings may be admitted by the court. The court may temporarily exclude the child or other person from the hearing if, after being warned by the court that disruptive conduct will cause removal from the
courtroom, the child or other person persists in conduct that justifies removal from the courtroom.
27-20.4-15. Predispositional assessment. (Effective through January 1, 2027) 1. Before the disposition hearing, the court shall direct the director or designee, to conduct a predisposition assessment and to prepare a written report for the court, unless waived by the court. 2. The predisposition assessment must consist of a risk and needs assessment together with any other appropriate screenings. 3. During the pendency of any proceeding the court may order: a. The child to be examined at a suitable place by a physician, psychologist, or certified addiction counselor; b. The child to be tested by appropriate forensic methods to determine whether the child has been exposed to a controlled substance or other substance considered injurious to the child's health; c. Medical or surgical treatment of a child who is suffering from a serious physical condition or illness, or alcohol or drug abuse, which in the opinion of a licensed physician requires prompt treatment, even if the parent, guardian, or other custodian has not been given notice of a hearing, is not available, or without good cause informs the court of that person's refusal to consent to the treatment; d. An evidence-based risk and needs assessment, mental health screening, or trauma screening; or e. The child to be examined to determine the child's competence or criminal responsibility. If the child is found to lack competency or criminal responsibility the court may: (1) Dismiss the delinquency proceedings against the child and order the release of the child to the child's parent, guardian, or legal custodian upon conditions considered appropriate by the court; (2) Suspend the delinquency proceedings against the child for a period of up to one year and order services be provided to the child as an outpatient or inpatient, by commitment to an institution for persons with intellectual disabilities or mental illness; or (3) Dismiss the delinquency proceedings and direct that child in need of protection proceedings be initiated. Predispositional assessment. (Effective after January 1, 2027) 1. Before the disposition hearing, the court shall direct the director or designee, to conduct a predisposition assessment and to prepare a written report for the court, unless waived by the court. 2. The predisposition assessment must consist of a risk and needs assessment together with any other appropriate screenings. 3. During the pendency of any proceeding the court may order: a. The child to be examined at a suitable place by a physician, psychologist, or certified addiction counselor; b. The child to be tested by appropriate forensic methods to determine whether the child has been exposed to a controlled substance or other substance considered injurious to the child's health; c. Medical or surgical treatment of a child who is suffering from a serious physical condition or illness, or alcohol or drug abuse, which in the opinion of a licensed physician requires prompt treatment, even if the parent, guardian, or other custodian has not been given notice of a hearing, is not available, or without good cause informs the court of that person's refusal to consent to the treatment; or d. An evidence-based risk and needs assessment, mental health screening, or trauma screening.