Title 27 — Judicial Branch of Government

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 a determination upon intake of referrals regarding the appropriate manner to handle a child in need of …

1. A referral alleging a child is a child in need of services may be made by a parent, guardian or other custodian, a law enforcement officer, a school official, or any other person that has knowledge of the facts alleged and believes such facts are true. 2. The referral must be …

1. A child alleged to be in need of protection may be taken into protective custody: a. Pursuant to an order of the court under this chapter; b. By a law enforcement officer or designee if there are reasonable grounds to believe the child: (1) Is suffering from illness or injury …

A child taken into protective custody may not be placed in shelter care before the hearing on the petition unless the child's care is required to protect a person or property of others or of the child or because the child may abscond or be removed from the jurisdiction of the cou…

1. A person taking a child into protective custody, with all reasonable speed and without first taking the child elsewhere, shall: a. Release the child to the child's parent, guardian, custodian, or other responsible adult able and willing to assume custody of the child, upon tha…

A child alleged to be in need of shelter care may be placed only in: 1. A licensed foster home or a home approved by the court; 2. A shelter care or certified shelter care facility operated by a licensed child welfare agency; or 3. Any other suitable place or facility, including …

1. If a child is brought before the court or delivered to a shelter care or certified shelter care facility, the human service zone immediately shall make an investigation and release the child unless it appears that the child's shelter care is warranted or required under section…

A child in need of services may be diverted.

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. 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 …

Repealed by S.L. 2023, ch. 293, § 3.

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. 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. 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…

Repealed by S.L. 2025, ch. 302, § 19.

Repealed by S.L. 2025, ch. 302, § 19.

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. 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…

Repealed by S.L. 2025, ch. 302, § 19.

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 …