27-20.4-01. Definitions.
1,125 words·~5 min read·
/nd/title-27/chapter-27-20-4-delinquency/27-20-4-01·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 and proportionate to the offense.
2. "Arrest" means a taking into custody of a child by law enforcement in the manner
authorized by law to answer for the commission of a delinquent offense.
3. "Attendant care" is a nonsecure holdover site for delinquent children who have been
picked up by law enforcement and need constant short-term supervision on a
preadjudicatory basis or as an alternative to detention.
4. "Certified shelter care" means a nonsecure permanent dwelling operated by an
agency certified by the department of health and human services, where employees
offer safe shelter, food, and a structured routine, and which is available twenty-four
hours a day to a resident in need of emergency placement, not to exceed seven days,
unless otherwise approved by the department.
5. "Child" means an individual who is:
a. Under the age of eighteen years and is not married; or
b. Eighteen years of age or older with respect to a delinquent act committed while
under the age of eighteen years and not married, unless an offense is transferred
under section 27-20.4-21.
6. "Community-based program" means a nonresidential program.
7. "Custodian" means a person, other than a parent or legal guardian, which stands in
loco parentis to the child and a person that has been given legal custody of the child
by order of a court.
8. "Delinquent act" means an act designated a crime under the law, including local
ordinances or resolutions of this state, or of another state if the act occurred in that
state, or under federal law.
9. "Delinquent child" means a child who has committed a delinquent act and is in need of
treatment or rehabilitation or is a child subject to proceedings arising under the
interstate compact on juveniles. 10. "Detention" means a physically secure facility with locked doors. The term does not
include shelter care, attendant care, or home confinement. 11. "Director" means the director of juvenile court services. 12. "Dispositional stage" means any proceeding after adjudication for a delinquent offense. 13. "Diversion" means an intervention strategy made by a person with authority which
directs the child away from formal court processing to a specifically designed program
or activity to hold the child accountable for the actions of the child and prevents further
involvement in the formal legal system. 14. "Division" means the division of juvenile services. 15. "Evidence-based" means a program or practice that has had multiple randomized
control studies demonstrating the program or practice is effective for a specific
population, has been researched, and has been rated as effective by a standardized
program evaluation tool. 16. "Facility" means buildings, structures, or systems, including those for essential
administration and support, which are used to provide residential treatment for
children. 17. "Fit and willing relative or other appropriate individual" means a relative or other
individual who has been determined, after consideration of an assessment that
includes a criminal history record investigation under chapter 50-11.3, to be a qualified
individual under chapters 27-20.1 and 30.1-27, and who consents in writing to act as a
legal guardian. 18. "Graduated sanctions" means a calibrated system of sanctions designed to ensure
that children face timely and consistent consequences that correspond to the
frequency and nature of a child's noncompliant behaviors, public safety risk, and
engagement in supervision and services. 19. "Home" when used in the phrase "to return home" means the abode of the child's
parent with whom the child formerly resided. 20. "Home confinement" means predisposition or post-disposition temporary placement of
a child in the child's home, or a surrogate home with the consent of the child's parent,
guardian, or custodian for supervision. 21. "Human service zone" means a county or consolidated group of counties
administering human services within a designated area in accordance with an
agreement or plan approved by the department of health and human services. 22. "Incentives" means calibrated system of rewards designed so that children receive
immediate and consistent feedback that supports appropriate behavior and follow
through with probation conditions. 23. "Informal adjustment" means a meeting held by the director of juvenile court or
designee to resolve a low-level delinquent referral and is an alternative to the filing of a
petition for formal court processing. 24. "Intensive supervision probation program" means a community-based alternative that
provides a higher degree of supervision and use of graduated incentives and
sanctions over a child, post-adjudication, to ensure public safety and applies to
children who are at high risk to reoffend. 25. "Juvenile court" means the district court of this state. 26. "Juvenile treatment court" means a program established by the supreme court which is
a post-petition or post-adjudication program aimed at intervening in substance use
disorders through intense supervision and participation in recovery services. 27. "Pick up and hold order" means an order of the court to take a child into custody based
upon an allegation of delinquency or failure to appear for court, or a determination the
child poses a risk to public safety while under court-ordered supervision. 28. "Predisposition assessment" means an investigation, assessment, and written report
to the court based on the results of risk and need screening and assessment tools
regarding a disposition for a delinquent child. 29. "Proceeding" means any hearing or informal adjustment conducted before a court. 30. "Qualified residential treatment program" means a licensed or approved residence
providing an out-of-home treatment placement for children including a trauma-
informed model. 31. "Referral" means a written report of alleged delinquent behavior of a child which is
received by the director of juvenile court. 32. "Relative" or "kinship relative" means:
a. The child's grandparent, great-grandparent, sibling, half-sibling, aunt, great-aunt,
uncle, great-uncle, nephew, niece, or first cousin;
b. An individual with a relationship to the child, derived through a current or former
spouse of the child's parent, similar to a relationship described in subdivision a;
c. An individual recognized in the child's community as having a relationship with
the child similar to a relationship described in subdivision a; or
d. The child's stepparent. 33. "Risk factors" means characteristics and behaviors that, when addressed or changed,
affect a child's risk for committing delinquent acts. 34. "Shelter care" means temporary care during which a child needs a safe bed outside
the home, in a shelter care site or a certified shelter care site managed by an agency
or licensed foster care facility. 35. "Treatment" means targeting interventions that focus on risk factors, improved mental
health, and improved positive youth outcomes.
27-20.4-02. Jurisdiction. Jurisdiction as set forth in section 27-20.2-03 is applicable to this chapter.