27-20.4-09. Release from detention or nonsecure care - Hearing - Conditions of
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/nd/title-27/chapter-27-20-4-delinquency/27-20-4-09·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
release.
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 unless it appears that the child's detention is warranted or required under section
27-20.4-05.
2. Reasonable notice of the release from detention must be provided to any victim as
required by subsection 19 of section 12.1-34-02.
3. If the child is not released, reasonable notice, either oral or written, stating the time,
place, and purpose of the detention or shelter care must be given to the child and, if
able to be found, to the child's parents, guardian, or other custodian. If the child is not
represented by counsel at a proceeding, the court shall inform the child of the right to
counsel, regardless of income. Before the commencement of the hearing, the court
shall inform the child's parents, legal guardian, or custodian of the right to counsel at
public expense at the dispositional stage if the parent, guardian, or custodian applies
and is determined to be indigent and of the child's right to remain silent with respect to
any allegations of delinquent conduct.
a. If the child is not released from detention, a judge or referee shall hold a
detention hearing within twenty-four hours after the time the child is placed in
detention, excluding weekends or legal holidays, to determine whether there is
probable cause to believe the child has committed the delinquent act alleged, and
whether the child's detention is required under section 27-20.4-05. In determining
whether a child requires detention, the court shall consider the results of the
detention screening tool.
b. If the child is not released from attendant care or nonsecure care, a judge or
referee shall hold a hearing promptly and not later than ninety-six hours after the
child is placed in nonsecure care to determine whether there is probable cause to
believe the child has committed a delinquent act and whether the child's shelter
care is required.
4. If the child is not released and a parent, guardian, or custodian has not been notified of
the hearing, did not appear or waive appearance at the hearing, and files an affidavit
showing these facts, the court shall rehear the matter without unnecessary delay and
order the child's release, unless it appears from the hearing that the child's detention is
required under section 27-20.4-05.
5. If the parents cannot be found for the detention or nonsecure care hearing and the
child does not pose a risk to the community and does not need to be detained, the
human service zone is notified and a child in need of protection or shelter care hearing
is held.
6. If it appears that any child being held in detention, attendant care, or shelter care
nonsecure care may have an intellectual or developmental disability, the court or
detention personnel shall refer the child to the department of health and human
services for an eligibility determination for intellectual or developmental disabilities
program management services and a level of care assessment and the results must
be filed with the court upon completion. The department of health and human services
shall provide status updates to the court within the time required by the court.
7. If it appears that any child being held in detention or nonsecure care appears to have a
serious and persistent mental illness, the detention staff or court intake officer shall
request that the court order a diagnostic assessment that includes a recommendation
for necessary level of care that must be conducted within forty-eight hours after the
court's order. The person conducting the diagnostic assessment shall file the results
with the court.
8. If an individual who is or appears to be a child is received at a jail facility or other
facility for the detention of adult offenders or individuals charged with a crime, the
official in charge of the facility immediately shall inform the court and bring the
individual before the court upon request or deliver the individual to a detention or
nonsecure facility designated by the court. 9. If a case is transferred to adult court for criminal prosecution, a child who has not
reached the age of eighteen may not be transferred to an adult jail or correctional
facility, adult lockup, or court holding facility in accordance with the law governing the
detention of persons charged with a crime. A child who has not reached the age of
eighteen may continue to be held in a juvenile detention facility during the pendency of
the criminal prosecution but only as ordered by the court.
27-20.4-10. Diversion. 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
community-based program or service. 2. A child referred to the court may be considered for diversion if any of the following
criteria are met:
a. The referral is for a delinquent act that is not an offense requiring a notification to
be sent to the department of transportation;
b. The referral is for a delinquent act that has not been previously diverted more
than twice by the juvenile court within the last twelve months; or
c. The referral is not an offense that could require sex offender registration.
27-20.4-11. Informal adjustment. 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 proceedings with a view to an informal adjustment if it appears:
a. The admitted facts bring the case within the jurisdiction of the court;
b. Counsel, advice, and conditions, if any, for the conduct and control of the child
without an adjudication would be in the best interest of the public and the child;
and
c. The child and the child's parents, guardian, or other custodian consent to the
conditions with knowledge that consent is not obligatory. 2. A child referred to the court may be considered for informal adjustment if any of the
following criteria are met:
a. The child has no prior formal court adjudications for a similar case type within the
last twelve months;
b. The referral is for a delinquent act and the child has not been previously diverted
more than twice by the juvenile court;
c. A formal petition was filed but an informal adjustment has been requested by the
state's attorney as part of an agreement with defense counsel or was ordered by
the court in dismissing a formal petition;
d. The referral is a sex offense referral that could require sex offender registration
but both the state's attorney and the victim have agreed to an informal adjustment
to address the matter; or
e. The referral is from the division. 3. Reasonable written notice of the informal adjustment is given by the court to the victim
if one is identified on the referral. 4. Upon an admission to the referred offense, the director of juvenile court or designee
will conduct a preliminary risk and needs assessment and the results must be made
available to the child and family. The results of the risk and needs assessment are
used to inform the outcome of the informal adjustment. Individuals conducting the risk
and needs screening tool must receive training on the appropriate delivery and use of
the tool.
5. An informal agreement may not extend beyond six months from the day the
agreement was agreed upon. An extension may be granted by the court for an
additional period not to exceed six months. An extension may not authorize the
detention of the child if not otherwise permitted by this chapter. For a driving-related
offense, the agreement may include a restriction on the child's driving privileges as
allowed under section 27-20.4-19.1.
6. An incriminating statement made by a child to the juvenile court director or designee
giving counsel, advice, or as part of the risk and need screening and assessment
process, may not be used against the child over objection in any proceeding.