N.D. R. Juv. proce. 18

As amended through March 18, 2024

Rule 18 - DISPOSITION; CONDITIONS

(a) In General. If a child is found to be delinquent, the court may make any order of disposition authorized by law that is best suited to the child's treatment, rehabilitation, and welfare.

(b) Restitution.

(1) In cases where a petition has been filed, the court must determine the amount of restitution owed, if any, and include that determination in an order. A court officer may be asked to investigate, and recommend a restitution amount. The case may be referred to offender accountability conferencing to determine restitution. However, the court must approve the final determination.

(2) In non-petition cases, the court officer or offender accountability conferencing must set the restitution amount, if any.

(A) The determination of restitution amounts must be subject to conditions and limitations that otherwise apply to informal adjustment, such as parental consent and limits on use of statements.

(B) If a restitution amount cannot be agreed to, or if there is a willful failure to pay, the case must be considered for formal adjudication.

(C) In determining the amount of restitution owed, the court or court officer or offender accountability conferencing must make the determination in accordance with N.D.C.C. §§ 12.1-32-08 and 27-20.4-20.

(D) If the court, court officer, or offender accountability conferencing determines that there is an inability to pay all or part of the restitution owed, assignment of community service hours may be considered.

(c) Community Service.

(1) In cases where a petition has been filed, the court must determine, if any, the number of community service hours to be completed and must include that determination in an order.

(2) In non-petition cases, the court officer must set, if any, the community service hours.

(3) In referring a child to a community service placement, the court officer must ensure that:

(A) the work being performed is in compliance with child labor laws;

(B) the child is covered under worker's compensation by the agency, workplace or North Dakota Court System.

(4) The child may be required to pay a reasonable fee to the agency or workplace to cover the cost of worker's compensation.

(d) Drug Screening.

(1) In General. The juvenile court will:

(A) assess the need for drug testing among children and limit the testing to appropriate children;

(B) use drug testing as a dispositional option in both formal and informal proceedings when the testing is reasonably related to the rehabilitation of children in need of chemical dependency treatment;

(C) provide the testing and supervision necessary to deter chemical abuse, delinquent behavior and to help identify treatment needs of each child;

(D) provide trained staff to conduct the testing.

(2) Formal Adjudication.

(A) The juvenile court must determine, by written order, which children will be subject to drug testing. The court may order testing for:

(i) any child found to possess or who is involved with the sale or distribution of illegal drugs;

(ii) any child who has two or more alcohol related offenses;

(iii) any child with a drug/alcohol problem as determined through his/her own admission, his/her parents' admission or knowledge or suspected use, an alcohol or drug evaluation, or prior involvement in a treatment program;

(iv) other cases based on articulated reasons.

(B) The testing techniques, methods, equipment, training, and standards for determining a test to be positive must be approved by the Director of Juvenile Court Services.

(C) The child and the custodial parents, must be informed by the juvenile court of the following:

(i) The child has the right to refuse testing. A refusal will be considered a positive test result for purposes of developing a treatment plan.

(ii) A positive test result may not be used to bring a new charge against a child, but may be used to ask for a review hearing for a formal change in the court order.

(iii) Observed urine collection must be taken by same gender staff.

(iv) Test results may not be released to any person or agency, with the exception of the child, the child's parents, and juvenile court authorities, without the parents' prior written consent, or as required by law.

(3) Informal Adjustment. A juvenile court officer, with the consent of the parties involved, may establish drug and alcohol screening as a condition of an informal adjustment consistent with the procedures and conditions set forth in the formal adjudication process.

(e)Home Confinement in Lieu of Detention.

(1) In General.

(A) Home confinement may be requested by a parent in lieu of detention, authorized by a juvenile court officer as part of release conditions under N.D.C.C. § 27-20.4-09(1), or authorized in a court order.

(B) Consequences imposed for violations must be predefined and signed by parent or custodian, child and court officer.

(C) The court order may include a standing pickup order or consequences for violation of the conditions if release from detention pending further hearing.

(D) If a violation of home confinement occurs and if the child is placed in detention as a result, a detention hearing must be held within 24 hours to review the alleged violation.

(E) Home confinement that is monitored by an electronic device is limited to two weeks, unless extended by the court.

(f) Juvenile Drug Court. If a child is ordered to participate in the Juvenile Drug Court Program, N.D. Sup. Ct. Admin. R. 56 governs the treatment of the child.

(g)Photographs. A child placed on supervised probation may be photographed by juvenile court staff and the photo stored in the juvenile court database until such time as records retention policy requires destruction.

N.D. R. Juv. proce. 18

Effective Date 5/1/2015; 7/1/2021; 8/1/2023; 11/1/2023.

Explanatory Note

Rule 18 took effect May 1, 2015; amended effective 7/1/2021; 8/1/2023; amended effective 11/1/2023.

Rule 18 consolidates provisions previously contained in the Unified Judicial System Policy Manual. Subdivisions (b) and (c) are derived from Policy 404 on Restitution and Community Service. Subdivision (d) is derived from Policy 401 on Screening and Testing Juveniles for Drug and Alcohol Use. Subdivision (e) is derived from Policy 407 on Electronic Monitoring.

Rule 18 was amended, effective July 1, 2021, to update terminology and statutory references consistent with the July 1. 2021, amendments to the Juvenile Court Act, N.D.C.C. chs. 27-20.2, 27-20.3, and 27-20.4.

Subdivision (g) was added to the rule, effective 8/1/2023, to give juvenile court staff authority to photograph children placed on supervised probation.

Sources: Juvenile Policy Board Minutes of June 23, 2021; September 5, 2014, page 5. Joint Procedure Committee Minutes of January 29-30, 2015, page 8; September 25-26, 2014, pages 17-18.

STATUTES AFFECTED:

Considered: N.D.C.C. §§ 12.1-32-08, 27-20.2-16, 27-20.3-15, 27-20.3-16, 27-20.3-24, 27-20.4-01, 27-20.4-17, 27-20.4-09, 27-20.4-20.

CROSS REFERENCE: N.D.R.Juv.P. 19 (Juvenile Records); N.D. Sup. Ct. Admin. R. 56 (Juvenile Drug Court Advisory Committee).