Title 27, Judicial Branch of Government

A petition alleging a child in need of protection must be prepared, filed, and served upon the parties by the state's attorney. A petition may also be prepared by any other person, including a law enforcement officer, which has knowledge of the facts alleged or is informed and be…

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 and in accordance with the North Dakota Rules of Juvenile Procedure. 2. If the hearing has not…

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 f…

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 …

1. As used in this section, "child" means an individual between the ages of eighteen and twenty-one years who is in need of continued foster care services. 2. A petition to commence an action under this section must contain information as required by supreme court rule along with…

1. A human service zone shall develop a family case plan and file the plan with the committing juvenile court within sixty days. 2. A human service zone shall review each placement of a child found to be in need of protection with custody ordered to a human service zone and shall…

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. The court by order may terminate the parental rights of a parent with respect to the parent's child if: a. The parent has abandoned the child; b. The child is subjected to aggravated circumstances; c. The child is in need of protection and the court finds: (1) The conditions a…

1. As used in this section: a. "A finding that the child has been subjected to child abuse or neglect" means: (1) A finding of a child in need of protection made under this chapter, except as provided in subdivision i of subsection 5 of section 27-20.3-01; or (2) A conviction of …

1. The petition must contain information required by the North Dakota Rules of Juvenile Procedure and state clearly that an order for termination of parental rights is requested and that the effect will be as stated in section 27-20.3-23. 2. If both of the biological parents of t…

An order terminating parental rights of a parent terminates all the parent's rights and obligations with respect to the child and of the child to or through the parent arising from the parental relationship. Following the order terminating parental rights, the parent is not entit…

1. If, upon entering an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall: a. Commit the child to the custody of the human service zone director or a licensed child-placing agency willing to accept custody for the purpos…

An order of disposition or other adjudication in a proceeding under this chapter, in those 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 such child, must specif…

1. An order terminating parental rights is without limit as to duration. 2. An order of disposition requiring services for the family without the removal of custody may not exceed twelve months from disposition unless extended by the court. The human service zone may request two …

1. "Accountability" means that after a child is determined to have committed delinquent behavior, by admission or adjudication, the child is held responsible for the behavior through individualized and structured consequences or sanctions for the loss, damage, or injury suffered …

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

A proceeding under this chapter may be commenced in the county in which the acts constituting the alleged delinquent conduct occurred. If delinquent conduct is alleged in part in one county and in part in another county, the venue is in either of the counties. If it is in the bes…

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 complaints, …

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 …

1. "Fitness to proceed" means sufficient present ability to consult with counsel and assist in preparing the minor's defense with a reasonable degree of rational understanding or a rational and factual understanding of the nature of the offense and delinquency proceedings against…

1. An individual under the age of ten years is deemed incapable of commission of an offense defined by the constitution or statutes of this state. 2. An individual ten years of age or older may be assessed for mental fitness or capacity under this chapter.

1. If there is reason to doubt the minor's fitness to proceed, the court may order on its own motion, or at the request of the minor, the minor's parent, legal guardian, legal custodian, or attorney, or the prosecuting attorney, a fitness to proceed examination to determine wheth…

A minor who is found to lack fitness to proceed due to previous judicial findings of lack of fitness to proceed or considerations from school, medical, or other records within the last twelve months may have the delinquency proceedings dismissed before a fitness to proceed examin…