# Title 27 — Judicial Branch of Government

## Chapter 27-20.2 — Juvenile Court Act

### § 27-20.2-01. Definitions.

As used in this chapter, unless the context requires otherwise:
1. "Abandon" means:
a. As to a parent of a child not in the custody of that parent, failure by the
noncustodial parent significantly without justifiable cause:
(1) To communicate with the child; or
(2) To provide for the care and support of the child as required by law; or
b. As to a parent of a child in that parent's custody:
(1) To leave the child for an indefinite period without making firm and agreed
plans, with the child's immediate caregiver, for the parent's resumption of
physical custody;
(2) Following the child's birth or treatment at a hospital, to fail to arrange for the
child's discharge within ten days after the child no longer requires hospital
care; or
(3) Willfully fail to furnish food, shelter, clothing, or medical attention reasonably
sufficient to meet the child's needs.
2. "Abandoned infant" means a child who has been abandoned before reaching the age
of one year.
3. "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.
4. "Child" means an individual who is:
a. Under the age of eighteen years and is not married; or
b. Under the age of twenty years with respect to a delinquent act committed while
under the age of eighteen years and not married.
5. "Child in need of protection" means a child who:
a. Is without proper parental care or control, subsistence, education as required by
law, or other care or control necessary for the child's physical, mental, or
emotional health, or morals, and the need for services or protection is not due
primarily to the lack of financial means of the child's parents, guardian, or other
custodian;
b. Has been placed for care or adoption in violation of law;
c. Has been abandoned by the child's parents, guardian, or other custodian;
d. Is without proper parental care, control, or education as required by law, or other
care and control necessary for the child's well-being because of the physical,
mental, emotional, or other illness or disability of the child's parent or parents,
and that such lack of care is not due to a willful act of commission or act of
omission by the child's parents, and care is requested by a parent;
e. Is in need of treatment and whose parents, guardian, or other custodian have
refused to participate in treatment as ordered by the juvenile court;
f. Was subject to prenatal exposure to chronic or severe use of alcohol or any
controlled substance as defined in chapter 19-03.1 in a manner not lawfully
prescribed by a practitioner;
g. Is present in an environment subjecting the child to exposure to a controlled
substance, chemical substance, or drug paraphernalia as prohibited by section
19-03.1-22.2; or
h. Is a victim of human trafficking as defined in title 12.1.
6. "Child in need of services" means a child who in any of the foregoing instances is in
need of treatment or rehabilitation:

a. Is habitually and without justification truant from school subject to compulsory
school attendance and is absent from school without an authorized excuse more
than three days during a school year;
b. Is habitually disobedient of the reasonable and lawful commands of the child's
parent, guardian, or other custodian, including running away, and is ungovernable
or who is willfully in a situation dangerous or injurious to the health, safety, or
morals of the child or others;
c. Has committed an offense applicable only to a child, except for an offense
committed by a minor fourteen years of age or older under subsection 2 of
section 12.1-31-03 or an equivalent local ordinance or resolution; or
d. Is under the age of fourteen years and has purchased, possessed, smoked, or
used tobacco, a tobacco-related product, an electronic smoking device, or an
alternative nicotine product. As used in this subdivision, "electronic smoking
device" and "alternative nicotine product" have the same meaning as in section
12.1-31-03; and
e. In any of the foregoing instances is in need of treatment or rehabilitation.
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. "Director" means the director of juvenile court or the director's designee.
11. "Diversion" means an intervention strategy that redirects a child away from formal
processing in the juvenile justice system, while still holding the child accountable for
that child's actions.
12. "Facility" means buildings, structures, or systems, including those for essential
administration and support, which are used to provide residential treatment for
children.
13. "Host county" means the county within the human service zone in which the human
service zone administrative office is located and in which the human service zone
team members are employed.
14. "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.
15. "Individual justice planning" means a process to identify, accommodate, and develop
appropriate consequences for behaviors caused by or related to an individual's mental
or cognitive impairment.
16. "Juvenile court" means the district court of this state.
17. "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.
18. "Proceeding" means any hearing conducted before a juvenile court or a referral for
service.
19. "Qualified residential treatment program" means a licensed or approved residence
providing an out-of-home treatment placement for children, including a
trauma-informed model.
20. "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.
21. "Restorative justice" means a system of justice which focuses on the rehabilitation of
offenders through reconciliation with victims and the community at large.
22. "Shelter care" means temporary care during which a child needs a safe bed outside
the home, in a shelter care site or certified shelter care site managed by an agency or
licensed foster care facility.
23. "The court" means the district courts as designated by the North Dakota supreme
court which includes juvenile court as a subset of district court.
24. "Willfully" has the meaning provided in section 12.1-02-02.
### § 27-20.2-02. Presumption of age.

1. In determining an individual's age for purposes of this chapter, the individual's date of
birth as provided by any of the following is presumed to be the individual's legal date of
birth:
a. A state government in the form of a birth certificate, other state-issued
identification, or a certified copy of a birth certificate that includes the individual's
date of birth.
b. The United States government in the form of a tribal identification document,
military identification, passport, passport card, permanent resident card,
certificate of United States citizenship, certificate of naturalization, border
crossing card, visa, or other entry document that includes the individual's date of
birth.
c. A foreign government in the form of a passport, driver's license, or other foreign
government-issued identity document that includes the individual's date of birth. If
there is a conflict between government-issued forms, a government-issued birth
certificate or a certified copy of a birth certificate takes precedence.
2. The presumption in subsection 1 may be rebutted by clear and convincing evidence to
the contrary.
### § 27-20.2-03. Jurisdiction.

1. The juvenile court has exclusive original jurisdiction of the following proceedings,
which are governed by this chapter:
a. Proceedings in which a child is alleged to be delinquent, or a child in need of
protection under this chapter or chapters 27-20.3 and 27-20.4;
b. Proceedings for the termination of parental rights except if a part of an adoption
proceeding;
c. Proceedings arising under section 27-20.3-16;
d. Civil forfeiture proceedings arising under chapter 19-03.1 or section 29-31.1-04
for which a child is alleged to have possessed forfeitable property. The juvenile
court shall conduct the proceedings in accordance with the procedures provided
for under sections 19-03.1-36 through 19-03.1-37; and
e. Proceedings for the guardianship of a child under chapter 27-20.1, except the
testamentary appointment of a guardian for a minor governed by chapter 30.1-27.
2. The juvenile court also has exclusive original jurisdiction of the following proceedings,
which are governed by the laws relating to those proceedings without regard to the
other provisions of this chapter:
a. Proceedings to obtain judicial consent to the marriage, employment, or enlistment
in the armed services of a child, if consent is required by law;
b. Proceedings under the interstate compact on juveniles;
c. Proceedings under the interstate compact on the placement of children; and
d. Proceedings arising under section 50-06-06.13 to obtain a judicial determination
that the placement of a severely emotionally disturbed child in an out-of-home
treatment program is in the best interests of the child.

### § 27-20.2-04. Juvenile court personnel.

1. The supreme court may provide for the appointment by administrative and personnel
rules of the necessary juvenile court officers, clerical personnel, and other specialized
personnel within the limits of legislative appropriations to assist the juvenile court in
carrying out the juvenile probation and supervisor functions of the juvenile court.
2. Detention center facilities and personnel must be funded by the county.
3. All salaries, per diem, and other compensation payable to juvenile court personnel, all
necessary books, forms, stationery, office supplies and equipment, postage,
telephone, and travel, and other necessary expenses incurred in carrying out the
provisions of this chapter must be borne by the state, except for suitable quarters for
conducting official business and lights and fuel which must be funded by the county
and except as provided by subsection 1 of section 27-20.2-19.
### § 27-20.2-05. Powers and duties of the director of juvenile court.

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 referrals and charges of delinquency or a child in need of
protection for the purpose of considering the commencement of proceedings
under this chapter.
c. Make a determination upon intake of referrals regarding the appropriate manner
to handle delinquent conduct or a child in need of protection by use of nonjudicial
adjustments or formal court processes.
d. Supervise and assist a child placed on probation for delinquency.
e. Make appropriate referrals to other private or public agencies of the community if
assistance of the agencies appears to be needed or desirable.
f. Issue a temporary custody order concerning a child who is referred to the
director's supervision or care as a delinquent or a child in need of protection.
Except as provided by this chapter, a director does not have the powers of a law
enforcement officer.
g. Take acknowledgments of instruments for the purpose of this chapter.
h. Make such temporary order not to exceed ninety-six hours for the custody and
control of a child alleged to be in need of protection as may be deemed
appropriate. The order must be reduced to writing within twenty-four hours,
excluding holidays and weekends.
i. Perform all other functions designated by this chapter or under section 27-05-30
or by order of the court pursuant to such law, including, if qualified, the order of a
referee.
j. Issue an order to a law enforcement authority to transport a child to and from a
specified location.
k. Receive and examine requests for review of a child's placement at a qualified
residential treatment program under the federal Family First Prevention Services
Act [Pub. L. 115-123; 132 Stat. 64; 42 U.S.C. 675].
l. Receive and examine petitions to establish, modify, or terminate a guardianship
of a minor under chapter 27-20.1.
m. Make a referral for the child's participation in the individual justice planning
process.
2. Any of the foregoing functions may be performed in another state if authorized by the
court of this state and permitted by the laws of the other state.
### § 27-20.2-06. Commencement of proceedings.

A proceeding under this chapter may be commenced:
1. By transfer of a case from another court as provided in section 27-20.2-07; or
2. In other cases by the filing of a petition as provided in this chapter. The petition and all
other documents in the proceeding must be entitled "In the interest of
_______________, a child". If a child is in shelter care, the petition must be filed within

thirty days of the shelter care, this is the date on which the child was removed both
physically and legally from the parents, legal guardians, or custodians.
### § 27-20.2-07. Transfer from other courts.

If it appears to the court in a criminal proceeding, except for an offense transferred under
section 27-20.4-20, that the defendant is a child subject to the jurisdiction of the juvenile court,
the court immediately shall transfer the case to the juvenile court together with a copy of the
accusatory pleading and other papers, documents, and transcripts of testimony relating to the
case. The court shall order that the defendant be taken immediately to the juvenile court or to a
place of detention designated by the juvenile court, or release the defendant to the custody of
the defendant's parent, guardian, custodian, or other person legally responsible for the
defendant, to be brought before the juvenile court at a time designated by that court. The
accusatory pleading may serve in lieu of a petition in the juvenile court unless that court directs
the filing of a petition.
### § 27-20.2-08. Nonjudicial adjustment - Diversion.

Before an informal adjustment is held or a petition filed, the director of juvenile court or
designee may impose requirements in lieu of further proceedings for the conduct and control of
the child with a diversion.
### § 27-20.2-09. Nonjudicial adjustment - Informal adjustment.

1. Before a petition is filed, the director of juvenile court or designee 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. Information, 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
counsel and advice with knowledge that consent is not obligatory.
2. If a victim is identified in the referral, the court must give reasonable written notice of
the informal adjustment to the victim.
3. The giving of information and advice and any conditions imposed for the conduct and
control of the child may not extend beyond six months from the day commenced
unless extended by the court for an additional period not to exceed six months and
does not authorize the detention of the child if not otherwise permitted by this chapter.
For a driving-related offense, the conditions may include a restriction on the child's
driving privileges as authorized under section 27-20.4-19.1.
4. An incriminating statement made by a child to the juvenile court officer or designee
giving information and advice incident to the giving of counsel and advice may not be
used against the child over objection in any proceeding or as part of a risk and need
screening or assessment process.
### § 27-20.2-10. Venue.

Except as provided in sections 27-20.3-03 and 27-20.4-03, a proceeding in this chapter may
be commenced in the county in which the child resides or the county in which the acts
constituting the alleged conduct occurred.
### § 27-20.2-11. Transfer to another juvenile court within the state.

If the child resides in a county of the state and the proceeding is commenced in a court of
another county, the court, on motion of a party or on motion of the court made before final
disposition and in consultation with the court in the other county, may transfer the proceeding to
the county of the child's residence for further action. Like transfer may be made if the residence
of the child changes pending the proceeding. The proceeding must be transferred if the child

has been adjudicated delinquent or a child in need of services and other proceedings involving
the child are pending in the juvenile court of the county of the child's residence.
### § 27-20.2-12. Right to counsel.

1. Except as provided in section 27-20.1-09, a child alleged to be within the jurisdiction of
the court in an action arising under chapters 27-20.1, 27-20.2, 27-20.3, and 27-20.4
has the right to be represented by counsel in all proceedings in which a petition has
been filed. Counsel for the child must be appointed, regardless of income, unless
counsel is retained for the juvenile, in any proceeding in which the juvenile is alleged
to be:
a. Delinquent; or
b. A child in need of protection if the child is of sufficient age and competency to
assist counsel.
2. A child may waive the right to counsel in a juvenile delinquency proceeding if the child,
who is fourteen years of age or older and the court has determined the waiver is
knowing, voluntary, and intelligent. The waiver must be made on the record. If a child
waives counsel for a hearing, the child must be informed of the right to revoke the
waiver and request counsel at all subsequent hearings.
3. The court may require payment for reimbursement of counsel appointed pursuant to
this section from a person that has legal care, custody, or control of the child. The
court must include a finding regarding reimbursement in the findings of fact and order
for disposition.
4. A child's parent, legal guardian, or custodian is entitled to counsel upon the filing of an
application for counsel and a determination of indigency. If a party appears without
counsel, the court shall determine whether the party knows the party may be
represented by counsel and that the party is entitled to counsel at public expense if
indigent. The court may continue the proceeding to enable a party to obtain counsel. A
child's parent, legal guardian, or custodian determined to be indigent is entitled to
counsel:
a. At a detention hearing;
b. At the dispositional stage of a juvenile delinquency matter;
c. At all proceedings in a child in need of protection; or
d. In a permanency or review of an order entered in any of the proceedings under
subdivision a, b, or c.
5. The child may elect to be represented by counsel for a nonjudicial adjustment.
### § 27-20.2-13. Other basic rights.

1. A party is entitled to the opportunity to introduce evidence and otherwise be heard in
the party's own behalf and to cross-examine adverse witnesses.
2. A child charged with a delinquent act need not be a witness against or otherwise
incriminate oneself. An extrajudicial statement, if obtained in the course of violation of
this chapter or which would be constitutionally inadmissible in a criminal proceeding,
may not be used against a child. Evidence illegally seized or obtained may not be
received over objection to establish the allegations made against a child. A confession
validly made by a child out of court is insufficient to support an adjudication of
delinquency unless the confession is corroborated in whole or in part by other
evidence.
### § 27-20.2-14. Orders directed to parents or guardians.

Every parent or guardian has an obligation and must participate in any treatment of the
parent's or guardian's child as ordered by the juvenile court.
### § 27-20.2-15. Indian child welfare - Active efforts and procedures.

1. As used in this section:

a. "Active efforts" means affirmative, active, thorough, and timely efforts intended
primarily to maintain or reunite an Indian child with the child's family. Active efforts
are required if the federal Indian Child Welfare Act of 1978 [25 U.S.C. 1901
through 1963] applies or may apply, including during the verification process. If an
agency is involved in the child-custody proceeding, active efforts must involve
assisting the parent or parents or Indian custodian through the steps of a case
plan and with accessing or developing the resources necessary to satisfy the
case plan. To the maximum extent possible, active efforts should be provided in a
manner consistent with the prevailing social and cultural conditions and way of
life of the Indian child's tribe and should be conducted in partnership with the
Indian child and the Indian child's parents, extended family members, Indian
custodians, and tribe. Active efforts are to be tailored to the facts and
circumstances of the case. The term includes:
(1) Conducting a comprehensive assessment of the circumstances of the Indian
child's family, with a focus on safe reunification as the most desirable goal,
with ongoing timely assessment to determine if the threat is resolved and
placement of the child can be returned to the custodian;
(2) Identifying appropriate services and helping the parents to overcome
barriers, including actively assisting the parents in obtaining such services;
(3) Identifying, notifying, and inviting representatives of the Indian child's tribe to
participate in providing support and services to the Indian child's family and
in family team meetings, permanency planning, and resolution of placement
issues;
(4) Conducting or causing to be conducted a diligent search for the Indian
child's extended family members, and contacting and consulting with
extended family members to provide family structure and support for the
Indian child and the Indian child's parents;
(5) Offering and employing available and culturally appropriate family
preservation strategies and facilitating the use of remedial and rehabilitative
services provided by the child's tribe;
(6) Taking steps to keep siblings together whenever possible;
(7) Supporting regular visits with parents or Indian custodians in the most
natural setting possible as well as trial home visits of the Indian child during
any period of removal, consistent with the need to ensure the health, safety,
and welfare of the child;
(8) Identifying community resources, including housing, financial, transportation,
mental health, substance abuse, and peer support services and actively
assisting the Indian child's parents or, if appropriate, the child's family, in
utilizing and accessing those resources;
(9) Monitoring progress and participation in services;
(10) Considering alternative ways to address the needs of the Indian child's
parents and if appropriate, the family, if the optimum services do not exist or
are not available; and
(11) Providing post-reunification services and monitoring.
b. "Extended family member" means a relationship defined by the law or custom of
the Indian child's tribe or, in the absence of such law or custom, means an
individual who has reached the age of eighteen and who is the Indian child's
grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece
or nephew, first or second cousin, or stepparent.
c. "Indian" means an individual who is a member of an Indian tribe, or who is a
native and a member of a regional corporation as defined in 43 U.S.C. 1606.
d. "Indian child" means an unmarried individual who is under the age of eighteen
and is either a member of an Indian tribe or is eligible for membership in an
Indian tribe and is the biological child of a member of an Indian tribe.
e. "Indian child's tribe" means the Indian tribe in which an Indian child is a member
or eligible for membership or, in the case of an Indian child who is a member of or

eligible for membership in more than one tribe, the Indian tribe with which the
Indian child has the more significant contacts.
f. "Indian custodian" means any Indian individual who has legal custody of an
Indian child under tribal law or custom or under state law or to whom temporary
physical care, custody, and control has been transferred by the parent of the
child.
g. "Indian tribe" means an Indian tribe, band, nation, or other organized Indian group
or community of Indians recognized as eligible for services provided to Indians by
the United States secretary of the interior because of their status as Indians,
including any Alaska native village as defined in 43 U.S.C. 1602(c).
h. "Parent" means any biological parent or parents of an Indian child or any Indian
individual who has lawfully adopted an Indian child, including adoptions under
tribal law or custom. The term does not include the unwed father if paternity has
not been acknowledged or established.
i. "Termination of parental rights" means any action resulting in the termination of
the parent-child relationship. The term does not include a placement based upon
an act by an Indian child which, if committed by an adult, would be deemed a
crime or a placement upon award of custody to one of the child's parents in a
divorce proceeding.
2. Before removal of an Indian child from the custody of a parent or Indian custodian for
purposes of involuntary foster care placement or the termination of parental rights over
an Indian child, the court shall find that active efforts have been made to provide
remedial services and rehabilitative services designed to prevent the breakup of the
Indian family and that these efforts have proved unsuccessful. The court may not order
the removal unless evidence of active efforts shows there has been a vigorous and
concerted level of casework beyond the level that would constitute reasonable efforts
under section 27-20.3-26. Reasonable efforts may not be construed to be active
efforts. Active efforts must be made in a manner that takes into account the prevailing
social and cultural values, conditions, and way of life of the Indian child's tribe. Active
efforts must utilize the available resources of the Indian child's extended family, tribe,
tribal and other relevant social service agencies, and individual Indian caregivers.
3. The court may order the removal of the Indian child for involuntary foster case
placement only if the court determines, by clear and convincing evidence, that
continued custody of the child by the parent or Indian custodian is likely to result in
serious emotional or physical damage or harm to the child. Evidence must show a
causal relationship between the particular conditions in the home and the likelihood
that continued custody of the child will result in serious emotional or physical damage
or harm to the particular child who is the subject of the proceeding. Poverty, isolation,
custodian age, crowded or inadequate housing, substance use, or nonconforming
social behavior does not by itself constitute clear and convincing evidence of imminent
serious emotional or physical damage or harm to the child. As soon as the threat has
been removed and the child is no longer at risk, the state should terminate the
removal, by returning the child to the parent while offering a solution to mitigate the
situation that gave rise to the need for emergency removal and placement.
4. The court may only order the termination of parental rights over the Indian child if the
court determines, by evidence beyond a reasonable doubt, that continued custody of
the child by the parent or Indian custodian is likely to result in serious emotional or
physical damage or harm to the child.
5. In considering whether to involuntarily place an Indian child in foster care or to
terminate the parental rights of the parent of an Indian child, the court shall require that
a qualified expert witness must be qualified to testify regarding whether the child's
continued custody by the parent or Indian custodian is likely to result in serious
emotional or physical damage or harm to the child and should be qualified to testify as
to the prevailing social and cultural standards of the Indian child's tribe. If the parties
stipulate in writing and the court is satisfied the stipulation is made knowingly,
intelligently, and voluntarily, the court may accept a declaration or affidavit from a

qualified expert witness in lieu of testimony. An individual may be designated by the
Indian child's tribe as being qualified to testify to the prevailing social and cultural
standards of the Indian child's tribe. The court or any party may request the assistance
of the Indian child's tribe or the bureau of Indian affairs office serving the Indian child's
tribe in locating individuals qualified to serve as expert witnesses. The social worker
regularly assigned to the Indian child may not serve as a qualified expert witness in
child-custody proceedings concerning the child. The qualified expert witness should be
someone familiar with the particular child and have contact with the parents to observe
interaction between the parents, child, and extended family members. The child
welfare agency and courts should facilitate access to the family and records to
facilitate accurate testimony.
### § 27-20.2-16. Order of adjudication - Noncriminal.

1. An order of disposition or other adjudication in a proceeding under this chapter is not a
conviction of crime and does not impose any civil disability ordinarily resulting from a
conviction or operate to disqualify the child in any civil service application or
appointment. A child may not be committed or transferred to a penal institution or other
facility used primarily for the execution of sentences of individuals convicted of a
crime.
2. The disposition of a child and evidence adduced in a hearing in juvenile court may not
be used against the child in any proceeding in any court other than a juvenile court,
whether before or after reaching majority, except for impeachment or in dispositional
proceedings after conviction of a felony for the purposes of a presentence
investigation and report.
### § 27-20.2-17. Rights and duties of legal custodian.

1. As used in this section, "sibling of the child entering foster care" means:
a. A brother or sister who has at least one biological or adoptive parent in common;
b. A fictive brother or sister with a significant bond as identified by the child or
parent; or
c. A child who would have been considered a sibling but for the termination or other
disruption of parental rights, including a death of a parent.
2. A legal custodian has:
a. The right to the physical custody of the child and the right to determine the nature
of the care, placement, and treatment of the child, including ordinary medical care
as well as medical or surgical treatment for a serious physical condition or illness
that in the opinion of a licensed physician requires prompt treatment, except for
any limits the court may impose.
b. The right and duty to provide for the care, protection, training, and education and
the physical, mental, and moral welfare of the child, subject to the conditions and
limitations of the order and to the remaining rights and duties of the child's
parents or guardian.
c. A duty within thirty days after the removal of a child from the custody of the parent
or parents of the child for the purpose of placement into foster care, to exercise
due diligence to identify and provide notice to the following relatives: all parents of
a sibling of the child entering foster care who have legal custody of the sibling, all
adult grandparents, and any other adult suggested by the parents, subject to
exceptions due to family or domestic violence, that:
(1) Specifies that the child has been or is being removed from the custody of
the parent or parents of the child;
(2) Explains the options the relative has under federal, state, and local law to
participate in the care and placement of the child, including any options that
may be lost by failing to respond to the notice;
(3) Describes the requirements and standards to become a foster family home
and the additional services and supports that are available for children
placed in that home; and

(4) Describes how the relative of the child may enter an agreement with the
department of health and human services and human service zone to
receive a subsidized guardianship payment.
### § 27-20.2-18. Guardian ad litem - Immunity.

The court at any stage of a proceeding under this chapter, on application of a party or on
motion of the court, shall appoint a guardian ad litem for a child who is a party to the proceeding
if the child has no parent, guardian, or custodian appearing on the child's behalf or the interests
of the parent, guardian, or custodian conflict with the child's or in any other case in which the
interests of the child require a guardian. A party to the proceeding or that party's employee or
representative may not be appointed. A guardian ad litem appointed under this section is
immune from civil liability for damages for any act or omission arising out of that individual's
duties and responsibilities as a guardian ad litem, unless the act or omission constitutes gross
or willful negligence or gross or willful misconduct.
### § 27-20.2-19. Costs and expenses for care of child.

1. The following expenses are a charge upon the funds of the county or human service
zone upon certification of the expenses by the court:
a. The cost of medical and other examinations and treatment of a child ordered by
the court.
b. The cost of care and support of a child committed by the court to the legal
custody of a public agency other than an institution for delinquent children or to a
private agency or individual other than a parent.
c. The cost of any necessary transportation for medical and other examinations and
treatment of a child ordered by the court unless the child is in the legal custody of
a state agency.
d. The cost of a guardian ad litem under subsection 5 of section 27-20.1-16 or
section 30.1-27-06 or the cost of an attorney under subsection 6 of section
cost.
2. The commission on legal counsel for indigents shall pay reasonable compensation for
services and related expenses of counsel provided at public expense for a party and
the supreme court shall pay reasonable compensation for a guardian ad litem. The
attorney general shall pay the witness fees, mileage, and travel expense of witnesses
incurred in the proceedings under this chapter in the amount and at the rate provided
for in section 31-01-16, except the commission on legal counsel for indigents shall pay
the witness fees, mileage, and travel expenses of witnesses subpoenaed by counsel
employed by or contracted with the commission for proceedings under this chapter in
the amount and at the rate provided for in section 31-01-16. Expenses of the state
include the cost of any necessary transportation for medical and other examinations
and treatment of a child ordered by the court if the child is in the legal custody of a
state agency in which case the cost must be reimbursed to the county or human
service zone by that state agency at the state mileage rate, excluding meals and
lodging, plus twenty-nine cents per mile.
3. If, after due notice to the parents or other persons legally obligated to care for and
support the child, and to a child over the age of eighteen, and after affording the
parents, other persons, and children over eighteen years of age an opportunity to be
heard, the court finds that the parents, other persons, or a child over eighteen years of
age is financially able to pay all or part of the costs and expenses stated in
subsection 1, and expenses payable by the supreme court under subsection 2, the
court may order the party to pay the same and prescribe the manner of payment.
Unless otherwise ordered, payment shall be made to the clerk of court for remittance
to the person to which compensation is due, or if the costs and expenses have been
paid by the county, human service zone, or the state to the county treasurer of the
county, the county treasurer of the host county, or to the state treasurer.

4. Unless the court finds there is no likelihood the party is or will be able to pay attorney's
fees and expenses, the court, in the order or judgment following a hearing under this
chapter, shall order the parents or other persons legally obligated to care for and
support the child, and the child if over the age of eighteen, to reimburse the presumed
amount of indigent defense costs and expenses, as determined by the commission on
legal counsel for indigents, and shall notify the party of the right to a hearing on the
reimbursement amount. If the party or the state requests a hearing within thirty days of
receiving notice under this subsection, the court shall schedule a hearing at which the
actual amount of attorney's fees and expenses must be shown. In determining the
amount of reimbursement and method of payment, the court shall consider the
financial resources of the party and the nature of the burden that reimbursement of
costs and expenses will impose.
5. A party who is required to reimburse indigent defense costs and expenses and who is
not willfully in default in that reimbursement may at any time petition the court to waive
reimbursement of all or any portion of the attorney's fees and expenses. If the court is
satisfied reimbursement of the amount due will impose undue hardship on the party or
the party's immediate family, the court may waive reimbursement of all or any portion
of the amount due or modify the method of payment.
### § 27-20.2-20. Protective order.

At any stage of the proceedings, upon application of a party or on the court's own motion,
the court may make an order restraining or otherwise controlling the conduct of a person if:
1. The court finds that the conduct:
a. Is or may be detrimental or harmful to the child; or
b. Will tend to defeat the execution of an order of disposition; and
2. Notice of the application or motion and the grounds for the appropriate motion and an
opportunity to be heard have been given to the person against which the order is
directed.
### § 27-20.2-21. Inspection of court files and records - Penalty.

1. Except as provided in this section, all files and records of the juvenile court, whether in
the office of the clerk of court or juvenile court, of a proceeding under this chapter are
closed to the public. Juvenile court files and records are open to inspection only by:
a. The judge and staff of the juvenile court.
b. The parties to the proceeding or the parties' counsel or the guardian ad litem of
any party.
c. A public or private agency or institution providing supervision or having custody of
the child under order of the juvenile court which must be given a copy of the
findings and order of disposition when the agency or institution receives custody
of the child. If a case involves the federal Indian Child Welfare Act of 1978
[25 U.S.C. 1901 through 1963], the agency or institution having custody of the
child shall serve the appropriate Indian Child Welfare Act service agent, tribe or
tribal designee, or an Indian Child Welfare Act qualified expert witness with the
findings and order of disposition.
d. Any court and the court's probation and other officials or professional staff and
the attorney for the defendant for use in preparing a presentence report in a
criminal case in which the defendant is convicted and who, before the criminal
case, had been a party to the proceeding in juvenile court.
e. The professional staff of the uniform crime victims compensation program if
necessary for the discharge of the duties of the staff pursuant to chapter 54-23.4.
f. A staff member of the division of children and family services of the department of
health and human services or a law enforcement officer if necessary for the
performance of that staff member's duties under section 50-11.1-06.2 or the
federal National Child Protection Act of 1993 [Pub. L. 103-209; 107 Stat. 2490;
42 U.S.C. 5119 et seq.].

g. An employee or agent of the department of health and human services if
necessary for performance of that individual's duty under chapter 50-11 or
50-11.1 to investigate the background of an individual living or working in the
facility, home, or residence for which licensure is sought.
h. A criminal justice agency if the juvenile is required to register under section
12.1-32-15.
i. The staff of a children's advocacy center if the juvenile or a victim of the child has
been referred for or has received services at the children's advocacy center.
j. A victim of the delinquent child or the victim's guardian. All records including
medical, educational, and school information must be redacted before inspection.
For purposes of this subdivision, only records pertaining to the specific offense
between the victim and the delinquent child may be inspected.
k. The information technology department to the extent authorized by the supreme
court for use in the statewide longitudinal data system.
l. The staff of a juvenile detention center or the staff of a juvenile intake and
assessment center designated by the court to assist in performing and scoring
the detention screening tool.
m. The information technology department to the extent authorized by the supreme
court for use in the statewide longitudinal data system.
2. Juvenile court files and records are also open to inspection with written leave of a
juvenile court judge or judicial referee to whom juvenile court matters have been
referred:
a. Upon a showing in writing of a legitimate interest in a proceeding or in the work of
the juvenile court, but only to the extent necessary to respond to the legitimate
interest; and
b. By the principal of any public or private school that is a member of the North
Dakota high school activities association, or the superintendent of any school
district that has one or more schools involved in the association, but only to the
extent necessary to enforce the rules and regulations of the North Dakota high
school activities association.
3. In a proceeding under this chapter, if the juvenile court finds a child committed a
delinquent act that constitutes a violation of a law or local ordinance governing the
operation of a motor vehicle or a delinquent act of manslaughter or negligent homicide
caused by the child's operation of a motor vehicle, the juvenile court shall report the
finding to the director of the department of transportation within ten days.
4. Following an adjudication of delinquency for an offense that would be a felony if
committed by an adult, the child's school principal, chief administrative officer, or
designated school guidance counselor, if requested, must be allowed access to the
disposition order. Any other juvenile court files and records of a child may be disclosed
to a superintendent or principal of the school in which the child is currently enrolled or
in which the child wishes to enroll if the child's documented behavior appears to
present a danger to self or to the students or staff of the school.
5. Following an adjudication of delinquency for an offense that results in the prohibitions
included in subsection 1 or 2 of section 62.1-02-01, if requested, a law enforcement
officer must be allowed access to the disposition order.
6. The juvenile court may notify a referring agency of the disposition of a case.
7. Notwithstanding that juvenile court records are closed to the public, nothing in this
section may be construed to limit the release upon request of general information not
identifying the identity of any juvenile, witness, or victim in any proceeding under this
chapter. Files in the clerk of court's office are open to public inspection if the related
hearing was open to the public under section 27-20.3-13.
8. To the extent necessary to provide victim services or benefits under chapter 12.1-41,
the judge and staff of the juvenile court may disclose information to refer a child, who
may be a victim of human trafficking, to a program for runaway and homeless children
located in the state and approved by the juvenile court of jurisdiction. Information
disclosed under this subsection must remain confidential.

9. An individual with access or authorization to inspect juvenile court files and records
under this section may not share the information contained in the files and records with
any other person not authorized by law. An individual who violates this subsection is
guilty of a class B misdemeanor.
### § 27-20.2-22. Disclosure of information needed to apprehend child.

Notwithstanding any other provision of law, the name, photographs, fingerprints, or other
identifying information of a child who is alleged to have committed a delinquent act involving
actual or threat of serious bodily injury which would constitute a felony if committed by an adult
or who left without authorization from a secure detention facility may be released by law
enforcement, the division of juvenile services, or the juvenile court for purposes of apprehending
the child.
### § 27-20.2-23. Law enforcement and correctional facility records.

1. Unless a charge of delinquency is transferred for criminal prosecution under section
27-20.4-21, 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 alleged or found to be delinquent or in need of services or protection are not
open to public inspection; but inspection of these records and files is permitted by:
a. A juvenile court having the child before the court in any proceeding;
b. Counsel for a party to the proceeding;
c. The officers of public institutions or agencies to whom the child is or may be
committed;
d. Law enforcement officers of other jurisdictions if necessary for the discharge of
official duties of the officers;
e. A court in which the child is convicted of a criminal offense for the purpose of a
presentence report or other dispositional proceeding, or by officials of correctional
facilities to which the child is detained or committed, or by the parole board, the
governor, or the pardon advisory board, if one has been appointed, in considering
the child's parole or discharge or in exercising supervision over the child;
f. The professional staff of the uniform crime victims compensation program if
necessary for the discharge of the duties of the professional staff pursuant to
chapter 54-23.4; and
g. A superintendent, assistant superintendent, principal, or designee of the school in
which the child is currently enrolled or of a school in which the child wishes to
enroll.
2. Notwithstanding that law enforcement records and files of a child alleged or found to
be delinquent or in need of services or protection are not open to public inspection,
this section does not limit the release of general information that does not identify the
identity of the child.
### § 27-20.2-24. Children's fingerprints, photographs.

1. A child under fourteen years of age may not be fingerprinted in the investigation of a
crime except as provided in this section. Fingerprints of a child who is referred to the
court may be taken and filed by law enforcement officers in investigating the
commission of the following crimes: murder, manslaughter, gross sexual imposition,
robbery, aggravated assault, burglary, theft, forgery, and unlawful possession or use of
a handgun.
2. Fingerprint files of children must be kept separate from those of adults. Copies of
fingerprints known to be those of a child may be maintained locally and copies may be
sent to a central state depository but may not be sent to a federal depository unless
needed in the interest of national security.
3. Fingerprint files of children may be inspected by law enforcement officers if necessary
for the discharge of official duties of law enforcement officers. Other inspections may

be authorized by the court in individual cases upon a showing it is necessary in the
public interest.
4. Fingerprints of a child are considered a part of the child's juvenile or adult investigative
file and must be removed from the state and local files and destroyed in accordance
with section 27-20.2-25.
5. If latent fingerprints are found during the investigation of an offense and a law
enforcement officer has probable cause to believe the latent fingerprints are those of a
particular child, the officer may fingerprint the child regardless of age or offense for
purposes of immediate comparison with the latent fingerprints. If the comparison is
negative, the fingerprint card and other copies of the fingerprints taken must be
destroyed immediately. If the child is not referred to the court, the fingerprints must be
destroyed immediately.
6. A child may be photographed by a law enforcement officer at the time of arrest for the
crimes of murder, manslaughter, gross sexual imposition, robbery, aggravated assault,
burglary, theft, forgery, or unlawful possession or use of a handgun. The photograph
must be destroyed if the child is not referred to the juvenile court. If a court finds facts
that would justify a finding that a child at least fourteen years of age at the time of the
offense is delinquent and the finding involves the unlawful use or possession of a
handgun or the commission of an act proscribed by the criminal laws of this state and
punishable as a felony or a class A misdemeanor committed for the benefit of, at the
direction of, or in association or affiliation with any criminal street gang, with the intent
to promote, further, or assist in the activities of a criminal gang, the juvenile court shall
order upon the request of the state's attorney the taking and retention of a photograph
of the child for purposes of identification. Photographs of children under this
subsection may be maintained on a local basis and sent to a central state depository
but must be maintained separate from those of adults and must be destroyed in
accordance with section 27-20.2-25.
### § 27-20.2-25. Destruction of juvenile court records.

1. Except as otherwise required under section 25-03.3-04, all juvenile court records must
be retained and disposed of pursuant to rules and policies established by the North
Dakota supreme court.
2. Upon the final destruction of a file or record, the proceeding must be treated as if the
proceeding never occurred. The juvenile court shall notify each agency named in the
file or record of the destruction. All index references, except those which may be made
by the attorney general and the directors of the department of transportation, the
department of health and human services, the department of corrections and
rehabilitation, the commission on legal counsel for indigents and its public defender
offices, law enforcement agencies, and human service zones, must be deleted. Each
agency, except the attorney general and the directors of the department of
transportation, the department of health and human services, the department of
corrections and rehabilitation, the commission on legal counsel for indigents and its
public defender offices, law enforcement agencies, and human service zones, upon
notification of the destruction of a file or record, shall destroy all files, records, and
references to the child's apprehension, detention, and referral to the juvenile court and
any record of disposition made by the juvenile court. The attorney general, the
department of health and human services, the department of corrections and
rehabilitation, the commission on legal counsel for indigents and its public defender
offices, law enforcement agencies, and human service zones may not keep a juvenile
file or record longer than is required by the records retention policy of that official,
department, or agency. Upon inquiry in any matter the child, the court, and
representatives of agencies, except the attorney general and the directors of the
department of transportation, the department of health and human services, the
department of corrections and rehabilitation, law enforcement agencies, and human
service zones, properly shall reply that no record exists with respect to the child.

### § 27-20.2-26. Appeals.

1. An aggrieved party, including the state or a subdivision of the state, may appeal from a
final order, judgment, or decree of the juvenile court to the supreme court by filing
written notice of appeal within thirty days after entry of the order, judgment, or decree,
or within any further time the supreme court grants, after entry of the order, judgment,
or decree. The appeal must be heard by the supreme court upon the files, records,
and minutes or transcript of the evidence of the juvenile court, giving appreciable
weight to the findings of the juvenile court. The name of the child may not appear on
the record on appeal.
2. The appeal does not stay the order, judgment, or decree appealed from, but the
supreme court may otherwise order on application and hearing consistent with this
chapter if suitable provision is made for the care and custody of the child. If the order,
judgment, or decree appealed from grants the custody of the child to, or withholds
custody of the child from, one or more of the parties to the appeal, the appeal must be
heard at the earliest practicable time.
### § 27-20.2-27. Rules of court.

The North Dakota supreme court may adopt rules of procedure governing proceedings
under this chapter.
### § 27-20.2-28. In-state placement of juveniles - Exception.

Except for cases in which the specific necessary treatment is unavailable in the state or
cases in which the appropriate treatment or services cannot be provided in a timely manner in
the state, all juveniles in need of residential treatment or residential care placement must be
placed in in-state residential facilities.
