Title 27 — Judicial Branch of Government

The juvenile court has exclusive original jurisdiction of proceedings to grant, modify, or terminate guardianship for a child, except the testamentary appointment of a guardian for a minor governed by chapter 30.1-27 and the appointment of a guardian for a minor becoming an incap…

If a court does not approve acceptance of a testamentary guardian of a minor under chapter 30.1-27, the court shall immediately transfer the guardianship portion of the case to the juvenile court and order the child be taken to the juvenile court immediately or to a place of shel…

Except as otherwise provided by this section, a proceeding under this chapter must be commenced in the county in which the child resides. If a child in need of protection is alleged, the proceeding may be brought in the county in which the child is present when it is commenced, t…

A petition to establish, modify, or terminate a guardianship order, other than one that has been transferred by the district court under chapter 30.1-27, may be filed by any person interested in the welfare of the child who has knowledge of the facts alleged or has information an…

1. The petition must state that an order to appoint a guardian of a child is requested and the effect will be as stated in section 27-20.1-13. 2. The petition must also contain information required by rule 3 of the North Dakota Rules of Juvenile Procedure and include: a. The name…

1. A supporting affidavit establishing the basis for the guardianship under subdivision n of subsection 2 of section 27-20.1-06, and that the guardianship is in the best interest of the child, must be filed with the petition. Where a child in need of protection is alleged under p…

1. The court shall issue a summons in accordance with rule 5 of the North Dakota Rules of Juvenile Procedure and appoint a lay guardian ad litem upon the approval of the petition. 2. An initial hearing must be set in accordance with rule 2 of the North Dakota Rules of Juvenile Pr…

1. If, at any time in the proceeding, the court determines the interests of the child are or may be inadequately represented and the child is of sufficient age and competency to assist counsel, the court may appoint an attorney to represent the child. The court shall make appropr…

1. A hearing 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 or section 27-20.1-02. 2. The proceedings must be recorded by stenographic notes or by electr…

1. The court may appoint a guardian of a child if the court finds by clear and convincing evidence that the appointment is in the child's best interest and: a. Both parents are deceased or the surviving parent's rights have been terminated by a previous court order, but there has…

1. After hearing the evidence on the petition or after a waiver of the hearing, the court shall make and file its findings as to whether the requirements of section 27-20.1-06 have been met, whether the guardian is a fit and willing person, and whether the appointment of the guar…

1. An order appointing a guardian of a child suspends any authority of a parent that is granted to the guardian under that order. A parent subject to such an order is entitled to treatment as a party at any subsequent juvenile court proceeding regarding the child. 2. While a guar…

1. A guardian of a child has the powers and responsibilities of a legal custodian if there is a parent with remaining parental rights. If there is no parent with remaining parental rights, the guardian has the rights of a legal custodian and the authority to consent to the child'…

1. A guardian may petition for permission to resign. A petition for permission to resign must include a request for appointment of a successor guardian unless continuation of the guardianship is no longer necessary. Resignation of a guardian does not terminate the guardianship un…

1. An order appointing or reappointing a guardian under this chapter is effective for up to one year unless the court, upon a finding of good cause, sets a different time frame. An order may not be effective for more than three years. At least sixty days before the expiration of …

1. Upon petition by a person interested in the child's welfare, the court may appoint an emergency guardian if the court finds that compliance with the procedures of this chapter will likely result in substantial harm to the child's health, safety, or welfare. Immediately upon re…

If the court determines an action brought under section 30.1-27-07 or this chapter is frivolous, the court may award reasonable, actual, and statutory costs, including reasonable attorney's fees, incurred by or on behalf of the child.

1. At any stage of the proceedings, upon application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of an individual if the court finds the conduct: a. Is or may be detrimental or harmful to the child; or b. W…

1. The court may order a party or a proposed guardian to submit to a chemical dependency, parental capacity, mental health, domestic violence, anger management, or other relevant evaluation by a suitably licensed or certified examiner. The court may request other persons having r…

Except as provided by section 27-20.2-21, all files and records under this chapter are closed to the public and confidential.

As used in this chapter, unless the context requires otherwise: 1. "Abandon" means: a. As to a parent of a child not in the custody of that parent, failure by the noncustodial parent significantly without justifiable cause: (1) To communicate with the child; or (2) To provide for…

1. In determining an individual's age for purposes of this chapter, the individual's date of birth as provided by any of the following is presumed to be the individual's legal date of birth: a. A state government in the form of a birth certificate, other state-issued identificati…

1. The juvenile court has exclusive original jurisdiction of the following proceedings, which are governed by this chapter: a. Proceedings in which a child is alleged to be delinquent, or a child in need of protection under this chapter or chapters 27-20.3 and 27-20.4; b. Proceed…

1. The supreme court may provide for the appointment by administrative and personnel rules of the necessary juvenile court officers, clerical personnel, and other specialized personnel within the limits of legislative appropriations to assist the juvenile court in carrying out th…

1. For the purpose of carrying out the objectives and purposes of this chapter and subject to the limitations of this chapter or imposed by the court, a director shall: a. Make investigations, reports, and recommendations to the juvenile court. b. Receive and examine referrals an…

A proceeding under this chapter may be commenced: 1. By transfer of a case from another court as provided in section 27-20.2-07; or 2. In other cases by the filing of a petition as provided in this chapter. The petition and all other documents in the proceeding must be entitled "…

If it appears to the court in a criminal proceeding, except for an offense transferred under section 27-20.4-20, that the defendant is a child subject to the jurisdiction of the juvenile court, the court immediately shall transfer the case to the juvenile court together with a co…

Before an informal adjustment is held or a petition filed, the director of juvenile court or designee may impose requirements in lieu of further proceedings for the conduct and control of the child with a diversion.

1. Before a petition is filed, the director of juvenile court or designee may give counsel and advice to the parties and impose conditions for the conduct and control of the child in lieu of further proceedings with a view to an informal adjustment if it appears: a. The admitted …

Except as provided in sections 27-20.3-03 and 27-20.4-03, a proceeding in this chapter may be commenced in the county in which the child resides or the county in which the acts constituting the alleged conduct occurred.

If the child resides in a county of the state and the proceeding is commenced in a court of another county, the court, on motion of a party or on motion of the court made before final disposition and in consultation with the court in the other county, may transfer the proceeding …

1. Except as provided in section 27-20.1-09, a child alleged to be within the jurisdiction of the court in an action arising under chapters 27-20.1, 27-20.2, 27-20.3, and 27-20.4 has the right to be represented by counsel in all proceedings in which a petition has been filed. Cou…

1. A party is entitled to the opportunity to introduce evidence and otherwise be heard in the party's own behalf and to cross-examine adverse witnesses. 2. A child charged with a delinquent act need not be a witness against or otherwise incriminate oneself. An extrajudicial state…

Every parent or guardian has an obligation and must participate in any treatment of the parent's or guardian's child as ordered by the juvenile court.

1. As used in this section: a. "Active efforts" means affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with the child's family. Active efforts are required if the federal Indian Child Welfare Act of 1978 [25 U.S.C. 1901 t…

1. An order of disposition or other adjudication in a proceeding under this chapter is not a conviction of crime and does not impose any civil disability ordinarily resulting from a conviction or operate to disqualify the child in any civil service application or appointment. A c…

1. As used in this section, "sibling of the child entering foster care" means: a. A brother or sister who has at least one biological or adoptive parent in common; b. A fictive brother or sister with a significant bond as identified by the child or parent; or c. A child who would…

The court at any stage of a proceeding under this chapter, on application of a party or on motion of the court, shall appoint a guardian ad litem for a child who is a party to the proceeding if the child has no parent, guardian, or custodian appearing on the child's behalf or the…

1. The following expenses are a charge upon the funds of the county or human service zone upon certification of the expenses by the court: a. The cost of medical and other examinations and treatment of a child ordered by the court. b. The cost of care and support of a child commi…

At any stage of the proceedings, upon application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of a person if: 1. The court finds that the conduct: a. Is or may be detrimental or harmful to the child; or b. …

1. Except as provided in this section, all files and records of the juvenile court, whether in the office of the clerk of court or juvenile court, of a proceeding under this chapter are closed to the public. Juvenile court files and records are open to inspection only by: a. The …

Notwithstanding any other provision of law, the name, photographs, fingerprints, or other identifying information of a child who is alleged to have committed a delinquent act involving actual or threat of serious bodily injury which would constitute a felony if committed by an ad…

1. Unless a charge of delinquency is transferred for criminal prosecution under section 27-20.4-21, 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. A child under fourteen years of age may not be fingerprinted in the investigation of a crime except as provided in this section. Fingerprints of a child who is referred to the court may be taken and filed by law enforcement officers in investigating the commission of the follo…

1. Except as otherwise required under section 25-03.3-04, all juvenile court records must be retained and disposed of pursuant to rules and policies established by the North Dakota supreme court. 2. Upon the final destruction of a file or record, the proceeding must be treated as…

1. An aggrieved party, including the state or a subdivision of the state, may appeal from a final order, judgment, or decree of the juvenile court to the supreme court by filing written notice of appeal within thirty days after entry of the order, judgment, or decree, or within a…

The North Dakota supreme court may adopt rules of procedure governing proceedings under this chapter.

Except for cases in which the specific necessary treatment is unavailable in the state or cases in which the appropriate treatment or services cannot be provided in a timely manner in the state, all juveniles in need of residential treatment or residential care placement must be …

Jurisdiction as set forth in section 27-20.2-03 is applicable to this chapter.

Except as otherwise provided by this section, a proceeding under this chapter must be commenced in the county in which the child resides. If a child in need of protection is alleged, the proceeding may be brought in the county in which the child is present at the time the proceed…