Title 27, Judicial Branch of Government

1. A child may be taken into custody: a. Pursuant to a pick up and hold order or other order of the court under this chapter; b. Pursuant to the laws of arrest and as authorized after scoring of the detention screening tool; or c. For preadjudicatory supervision in attendant care…

1. A referral alleging a child has committed a delinquent act may be made to the juvenile court by an employee of a public or nonpublic school attended by the child or a law enforcement officer who has reasonable grounds and knowledge of the facts alleged and believes such facts …

1. A child taken into custody may not be detained or placed in nonsecure care before the hearing on the petition unless the child's detention or nonsecure care is required to protect the person or property of others or of the child or because the child may abscond or be removed f…

1. A person taking a child into custody, with all reasonable speed and without first taking the child elsewhere, shall: a. Complete the detention screening instrument and use the results in making a release or hold decision. Release options include allowing a child to return home…

1. A child alleged to be delinquent may be detained only in: a. A licensed foster home or a home approved by the court; b. A facility operated by a licensed child welfare agency; or c. A detention home or center for delinquent children which is under the direction or supervision …

1. If a child is brought before the court or delivered to a detention, attendant care, or nonsecure care facility designated by the court, the director, the intake officer, or other authorized officer of the court immediately shall make an investigation and release the child unle…

1. Before an informal adjustment is held or a petition is filed, the director of juvenile court or designee may determine that no further action is required or impose conditions in lieu of further proceedings for the conduct and control of the child with a diversion to a communit…

1. Before a petition is filed, the director of juvenile court, or other officer of the court designated by the court, subject to direction of the court may give counsel and advice to the parties and impose conditions for the conduct and control of the child in lieu of further pro…

1. A petition alleging delinquency under this chapter must be reviewed by the director, the court, or other person designated by the director and authorized by the court to determine whether the filing of the petition is in the best interest of the public and the child. 2. The st…

In a juvenile court proceeding involving the issue of fitness to proceed or criminal responsibility, the court shall determine whether the child: 1. Is fit to proceed in accordance with title 27; and 2. Lacked criminal responsibility for the commission of an offense in accordance…

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 …

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 toget…

1. If the court finds by proof beyond a reasonable doubt that the child committed the acts by reason of which the child is alleged to be delinquent, the court shall proceed immediately or at a postponed hearing to hear evidence as to whether the child is in need of treatment or r…

1. If the child is found to be a delinquent child, the court shall make findings and include in the order of disposition any actions or steps necessary to ensure: a. The child receives the treatment or rehabilitation the court deems most appropriate; b. Repairing harm caused to t…

1. A probation order entered by the court must place the child under the supervision of the director, unless the child is over eighteen years of age and the child's risk and needs require supervision by the department of corrections and rehabilitation under subsection 3 of sectio…

1. A child may be ordered to register as a sexual offender under section 12.1-32-15. 2. A child may be prohibited from possessing a firearm in accordance with section 62.1-02-01. 3. If a child is adjudicated delinquent of an offense that would be a class A misdemeanor or a felony…

1. In addition to a child being ordered to make restitution under section 27-20.4-17, a parent of a child adjudged delinquent may be ordered to make restitution on the child's behalf in an amount not exceeding five thousand dollars. 2. Before ordering parental restitution under t…

1. After a petition has been filed alleging delinquency based on conduct that is designated a crime or public offense under the laws, including local ordinances or resolutions of this state, the court before hearing the petition on the merits shall transfer the offense for prosec…

An order of disposition or other adjudication in a proceeding under this chapter, in cases in which a child is removed from the home of a parent, custodian, or guardian for the reason that continuation in such home would be contrary to the welfare of the child, must specifically …

1. An order of disposition may not exceed twelve months from disposition unless extended by the court. The director or designee may request two extensions up to four months each for the child to complete the treatment goals of the court order and the case plan. 2. An order of dis…

1. As used in this section, "reasonable efforts" means the exercise of due diligence, by the agency granted authority over the child under this chapter, to use appropriate and available services to meet the needs of the child and the child's family in order to prevent removal of …

1. Unless a charge of delinquency is transferred for criminal prosecution under section 27-20.4-20, the interest of national security requires, or the court otherwise orders in the interest of the child, the law enforcement and correctional facility records and files of a child a…

1. If a child is subject to nonjudicial adjustments under this chapter or is found to be delinquent under section 27-20.4-16, the juvenile court may require a substance use screening and subsequent programming to appropriately address: a. A child who is found to have violated sec…

The department of corrections and rehabilitation, through the division of juvenile services; the supreme court, through the office of the state court administrator; and the Indian affairs commission may negotiate and enter a memorandum of understanding with the tribal government …