N.D. Cent. Code § 27-20.4-23

Current through 2024 Legislative Session

Section 27-20.4-23 - Limitations of orders of disposition

1. An order of disposition may not exceed twelve months from disposition unless extended by the court. The director or designee may request two extensions up to four months each for the child to complete the treatment goals of the court order and the case plan.

2. An order of disposition committing a delinquent child to the division of juvenile services may not exceed twelve months. The court may extend the order for an additional twelve-month period, if:

a. A hearing is held upon motion of the division, or on the court's own motion, prior to the expiration of the order;

b. Reasonable notice of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian;

c. The court finds the extension is necessary for the treatment or rehabilitation of the child and has determined that such treatment cannot be provided in their home community; and

d. The extension does not exceed twelve months from the expiration of an order limited by subsection 3 or two years from the expiration of any other limited order.

3. Except as provided in subsection 2, an order of disposition pursuant to which a child is placed in foster care may not continue for more than twelve months after the child is considered to have entered foster care. A permanency hearing must be conducted before the extension of any court order limited under this subsection. Any other order of disposition may not continue in force for more than twelve months.

4. The court may terminate an order of disposition before the expiration of the order.

5. Except as provided in subsection 2, the court may terminate an order of disposition or extension before its expiration, on or without an application of a party, if it appears to the court the purposes of the order have been accomplished. If a party may be adversely affected by the order of termination, the order may be made only after reasonable notice and opportunity to be heard have been given to the party.

N.D.C.C. § 27-20.4-23

Amended by S.L. 2023 , ch. 296( HB 1160 ), § 5, eff. 4/13/2023.

Added by S.L. 2021 , ch. 245( HB 1035 ), § 25, eff. 7/1/2021.