27-20.4-14. Conduct of hearings.

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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 been held within the time limit, or any extension of the time limit,

required by the North Dakota Rules of Juvenile Procedure, the petition must be

dismissed.

3. The state's attorney shall present the evidence in support of any allegations of the

petition not admitted and otherwise conduct the proceedings on behalf of the state.

4. Except for a diversion under section 27-20.4-10 or an informal adjustment under

section 27-20.4-11, the proceedings must be recorded by stenographic notes or by

electronic, mechanical, or other appropriate means.

5. The general public must be excluded from all hearings under this chapter. During

hearings, only the parties, the parties' counsel, witnesses, victims, and any other

persons the court finds have a proper interest in the proceedings may be admitted by

the court. The court may temporarily exclude the child or other person from the hearing

if, after being warned by the court that disruptive conduct will cause removal from the

courtroom, the child or other person persists in conduct that justifies removal from the

courtroom.

27-20.4-15. Predispositional assessment. (Effective through January 1, 2027) 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 together

with any other appropriate screenings. 3. During the pendency of any proceeding the court may order:

a. The child to be examined at a suitable place by a physician, psychologist, or

certified addiction counselor;

b. The child to be tested by appropriate forensic methods to determine whether the

child has been exposed to a controlled substance or other substance considered

injurious to the child's health;

c. Medical or surgical treatment of a child who is suffering from a serious physical

condition or illness, or alcohol or drug abuse, which in the opinion of a licensed

physician requires prompt treatment, even if the parent, guardian, or other

custodian has not been given notice of a hearing, is not available, or without good

cause informs the court of that person's refusal to consent to the treatment;

d. An evidence-based risk and needs assessment, mental health screening, or

trauma screening; or

e. The child to be examined to determine the child's competence or criminal

responsibility. If the child is found to lack competency or criminal responsibility the

court may:

(1)Dismiss the delinquency proceedings against the child and order the release

of the child to the child's parent, guardian, or legal custodian upon

conditions considered appropriate by the court;

(2)Suspend the delinquency proceedings against the child for a period of up to

one year and order services be provided to the child as an outpatient or

inpatient, by commitment to an institution for persons with intellectual

disabilities or mental illness; or

(3)Dismiss the delinquency proceedings and direct that child in need of

protection proceedings be initiated. Predispositional assessment. (Effective after January 1, 2027) 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 together

with any other appropriate screenings. 3. During the pendency of any proceeding the court may order:

a. The child to be examined at a suitable place by a physician, psychologist, or

certified addiction counselor;

b. The child to be tested by appropriate forensic methods to determine whether the

child has been exposed to a controlled substance or other substance considered

injurious to the child's health;

c. Medical or surgical treatment of a child who is suffering from a serious physical

condition or illness, or alcohol or drug abuse, which in the opinion of a licensed

physician requires prompt treatment, even if the parent, guardian, or other

custodian has not been given notice of a hearing, is not available, or without good

cause informs the court of that person's refusal to consent to the treatment; or

d. An evidence-based risk and needs assessment, mental health screening, or

trauma screening.

27-20.4-16. Adjudication. 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 rehabilitation and to make and file findings. In the absence of

evidence to the contrary, evidence of the commission of which constitute a felony is

sufficient to sustain a finding that the child is in need of treatment or rehabilitation. If

the court finds that the child is not in need of treatment or rehabilitation, the court shall

dismiss the proceeding and discharge the child from any detention or other restriction

previously ordered. 2. After hearing the evidence on the petition, the court shall make and file findings as to

whether the child is delinquent and whether the acts ascribed to the child were

committed by the child. If the court finds the allegations of delinquent conduct have not

been established, the court shall dismiss the petition and order the child discharged

from any detention or other restriction previously ordered in the proceeding. 3. In hearings under subsection 1, all evidence helpful in determining the questions

presented, including the predisposition assessment and any other oral and written

reports, may be received by the court and relied upon to the extent of its probative

value even though not otherwise competent in the hearing on the petition. The parties

or the counsel of the parties must be afforded an opportunity to examine and

controvert written reports so received and to cross-examine individuals making the

reports. Sources of confidential information need not be disclosed. 4. On motion of the court or that of a party, the court may continue the hearings under

this section for a reasonable period to receive reports and other evidence bearing on

the disposition or the need for treatment or rehabilitation. In this event the court shall

make an appropriate order for detention of the child or the child's release from

detention subject to supervision of the court during the period of the continuance. In

scheduling investigations and hearings the court shall give priority to proceedings in

which a child is in detention or has otherwise been removed from the child's home

before an order of disposition has been made.

27-20.4-17. Disposition of a delinquent child. 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 the victim or community; and

c. Safety of the community. 2. If the child is found to be a delinquent child, the court may order probation with

conditions best suited to the child's individual need for treatment, rehabilitation, and

welfare. 3. The court may commit a child to the division of juvenile services, or may order a child

over eighteen years of age to serve a term of probation under the supervision of the

department of corrections and rehabilitation. 4. The court may:

a. Order the child to make monetary restitution to the victim of the offense or to

complete a specified number of hours of community service as determined by the

court, or both;

b. Order the periodic testing for the use of illicit drugs or alcohol; or

c. Order the child's participation in a juvenile treatment court program. 5. If the delinquent act committed by the child was a sexual offense, the court shall

ensure the child is assessed in a timely manner, not to exceed thirty days, with

age-appropriate social assessments to determine the appropriate level of required

treatment.

27-20.4-18. Probation of a delinquent child. 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 section 27-20.4-17. 2. The conditions of probation must be specifically stated in writing and provided to the

child. 3. Probation conditions must relate to the individual child's risk and needs assessment

and the adjudicated offense. 4. Violations of probation conditions may be sanctioned by the juvenile director, or

designee utilizing graduated sanctions. 5. Formal probation orders may not exceed twelve months from disposition. 6. The court may release a child from probation or modify the terms and conditions of the

probation at any time, but the court shall release a child who has complied

satisfactorily with the terms, conditions, and duration of probation and the court shall

terminate the court's jurisdiction. 7. The director of juvenile court shall establish procedures regarding graduated sanctions

and incentives. The graduated sanctions program may include a program of home

confinement or electronic monitoring but may not include a secure detention stay. 8. The director or assigned probation court officer may request two extensions up to four

months each for failure to comply or meet the treatment goals of the court order and

case plan. 9. Probation may not be extended solely to collect restitution. If probation is terminated

with restitution owing the victim, court procedure governs continued collection or

motion for civil judgment against the parents, if appropriate.

27-20.4-19. Delinquent children - Suspension of driving privileges. Repealed by S.L. 2025, ch. 302, § 19.

27-20.4-19.1. Collateral consequences - Registration - Firearms - Driving privileges. 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 if the offense were committed by an adult, the juvenile court may suspend

the child's driving privileges for a period of up to six months for the first offense, and up

to one year for a second or subsequent offense. The juvenile court may order the

successful completion of an appropriate driver's examination as a condition for

reinstating the child's driving privileges.

a. If the juvenile court suspends a child's driving privileges, the court immediately

shall take possession of the child's driver's license or permit and send a copy of

the court's order to the director of the department of transportation who shall

make notation of the child's suspended driving privileges.

b. The record of the child's suspension of driving privileges under this section:

(1)Must be kept confidential;

(2)May not be released except to law enforcement personnel in connection

with law enforcement activities; and

(3)May not be disclosed to or shared with the licensing officials of any other

state or jurisdiction.

c. At the end of the six-month or one-year suspension period, the director shall

remove and destroy all records of the child's suspension of driving privileges

under this section. 4. A child may be prohibited from participating in extracurricular activities in accordance

with section 15.1-09-33.4.

27-20.4-20. Restitution. 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 this section, the court shall hold a hearing on

the matter with notice given to all interested parties as to the nature and amount of the

parental restitution. In determining whether to order parental restitution, the court shall

take the following factors into account:

a. The ability of the parent or parents to pay monetary restitution and the care and

control exercised by the parents.

b. The ability of the child to pay monetary restitution.

c. Whether ordering parental restitution would detract from the child's treatment,

rehabilitation, or welfare.

d. The number of delinquent acts, if any, previously committed by the child. 3. A parental order of restitution must be limited to those damages directly related to the

delinquent act and expenses actually incurred as a result of the delinquent act. 4. Unless the court directs otherwise, any order of restitution under this section or section

27-20.4-16 may be filed, transcribed, and enforced by the juvenile court or person

entitled to the restitution in the same manner as civil judgments rendered by the courts

of this state may be enforced. A child against whose parents a judgment may be

entered under this section is jointly and severally liable with that child's parents for the

amounts up to five thousand dollars and solely liable for any amounts over that

amount. Any judgment rendered under this section may not be discharged in

bankruptcy and is not subject to the statutes of limitation provided for in chapter 28-01

and the judgment may not be canceled under section 28-20-35.

27-20.4-21. Transfer to other courts. 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 prosecution to the appropriate court having jurisdiction of the

offense if:

a. The child is over sixteen years of age and requests the transfer;

b. The child was fourteen years of age or more at the time of the alleged conduct

and the court determines that there is probable cause to believe the child

committed the alleged delinquent act and the delinquent act involves the offense

of murder or attempted murder; gross sexual imposition or the attempted gross

sexual imposition of a victim by force or by threat of imminent death, serious

bodily injury, or kidnapping; or

(1)The child was fourteen or more years of age at the time of the alleged

conduct;

(2)A hearing on whether the transfer should be made is held in conformity with

sections 27-20.2-12, 27-20.2-13, and 27-20.4-14;

(3)Notice in writing of the time, place, and purpose of the hearing is given to

the child and the child's parents, guardian, or other custodian at least three

days before the hearing; and

(4)The court finds that there are reasonable grounds to believe:

(a)The child committed the delinquent act alleged;

(b)The child is not amenable to treatment or rehabilitation as a child

through available programs;

(c)The child is not treatable in an institution for individuals who are

intellectually disabled or who are mentally ill;

(d)The interests of the community require that the child be placed under

legal restraint or discipline; and

(e)If the child is fourteen or fifteen years old, the child committed a

delinquent act involving the infliction or threat of serious bodily harm.

2. The burden of proving reasonable grounds to believe that a child is amenable to

treatment or rehabilitation as a child through available programs is on the child:

a. If the alleged delinquent act involves the offense of manslaughter, aggravated

assault, robbery, arson involving an inhabited structure, or escape involving the

use of a firearm, destructive device, or other dangerous weapon;

b. If the alleged delinquent act involves an offense that if committed by an adult

would be a felony and the child has two or more previous delinquency

adjudications for offenses that would be a felony if committed by an adult; or

c. If the child is twenty-five years of age or older.

3. In determining a child's amenability to treatment and rehabilitation, the court shall

consider and make specific findings on the following factors:

a. Age;

b. Mental capacity;

c. Maturity;

d. Degree of criminal sophistication exhibited;

e. Previous record;

f. Success or failure of previous attempts to rehabilitate;

g. Whether the child can be rehabilitated before expiration of juvenile court

jurisdiction;

h. Any psychological, probation, or institutional reports;

i. The nature and circumstances of the acts for which the transfer is sought;

j. The prospect for adequate protection of the public; and

k. Any other relevant factors.

4. A child subject to the jurisdiction of the juvenile court, either before or after reaching

eighteen years of age, may not be prosecuted for an offense previously committed

unless the case has been transferred as provided in this section.

5. Statements made by the child at a hearing under this section are not admissible

against the child over objection in the criminal proceedings following the transfer

except for impeachment.

6. If the case is not transferred, the judge who conducted the hearing may not over

objection of an interested party preside at the hearing on the petition. If the case is

transferred to a court of which the judge who conducted the hearing is also a judge,

the judge likewise is disqualified over objection from presiding in the prosecution.