N.D. R. Juv. proce. 3

As amended through March 18, 2024

Rule 3 - CONTENTS OF PETITION

(a) Petition.The petition must be verified and may be on information and belief. It must include:

(1) the facts that bring the child within the jurisdiction of the court;

(2) the name, age, and residence address of the child on whose behalf the petition is brought;

(3) the names and residence addresses, if known to petitioner, of the parties, except that the names and residence addresses of the parents, guardian, or custodian of the child may not be included in the petition in a continued foster care matter under N.D.C.C. § 27-20.3-16;

(4) whether the child is in custody and, if so, whether in protective care or detention and the date and time the child was taken into custody; and

(5) a request for relief based on the facts alleged, stating that it is in the best interest of the child and the public that the proceeding be brought and, if delinquency is alleged, that the child may be in need of treatment or rehabilitation.

(b) Parties. Parties include the petitioner, the child, parents, guardian, or custodian of the child, if any, and any person that the court allows to intervene as a party. If the child's parents, guardian, or custodian do not reside or cannot be found within the state, or if their places of residence are unknown, the name of any known adult relative residing within the county, or, if there be none, the known adult relative residing nearest to the location of the court must be included in the petition.

(c) Juvenile Court Officer. Juvenile court officers may not act as the petitioner where the child is alleged to be delinquent, child in need of protection, or where termination of parental rights are involved.

N.D. R. Juv. proce. 3

Effective Date 3/1/2010; 5/1/2015; 7/1/2021.

Explanatory Note

Rule 3 was adopted effective March 1, 2010; amended effective May 1, 2015; amended effective 7/1/2021.

Subdivision (a) was amended, effective May 1, 2015, to clarify that the names and residence addresses of the parents, guardian, or custodian of the child are not included in the petition for a continued foster care matter under N.D.C.C. § 27-20.3-16. Continued foster case matters involve children over the age of 18 who can legally act on their own behalf.

Subdivision (c) was added, effective May 1, 2015, to incorporate language from Policy 408 of the Unified Judicial System Policy Manual.

Rule 3 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.

SOURCES: Juvenile Policy Board Minutes of June 11, 2021; September 5, 2014, page 3; February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007. Joint Procedure Committee Minutes of January 29-30, 2015, page 8; September 25-26, 2014, page 6.

STATUES AFFECTED:

CONSIDERED: N.D.C.C. § 27-20.3-16.