23.0313.04000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1137
of North Dakota
Introduced by
Representatives Klemin, Hanson
Senators Elkin, Larson
1 A BILL for an Act to create and enact a new subdivision to subsection 1 of section 27-20.2-21
2 and section 27-20.4-05.1 of the North Dakota Century Code, relating to inspection of court files
3 and records, and delinquency referrals to juvenile court; and to amend and reenact sections
4 14-10-06, 27-20.1-04, and 27-20.1-07, subsection 1 of section 27-20.1-09, section 27-20.2-01,
5 subsection 1 of section 27-20.2-03, section 27-20.2-05, subsection 3 of section 27-20.2-09,
6 section 27-20.2-12, subsection 5 of section 27-20.2-15, sections 27-20.3-01, 27-20.3-03,
7 27-20.3-04, and 27-20.3-05, subsection 3 of section 27-20.3-06, subsection 3 of section
8 27-20.3-08, section 27-20.3-09, subsection 1 of section 27-20.3-10, subsection 1 of section
9 27-20.3-15, subsection 4 of section 27-20.3-16, subsection 5 of section 27-20.3-19, sections
10 27-20.3-21, 27-20.3-26, 27-20.4-01, 27-20.4-03, 27-20.4-04, 27-20.4-05, 27-20.4-06,
11 27-20.4-08, 27-20.4-09, and 27-20.4-10, subsection 5 of section 27-20.4-11, sections
12 27-20.4-14, 27-20.4-17, 27-20.4-18, and 27-20.4-25, and subsection 1 of section 27-20.4-26 of
13 the North Dakota Century Code, relating to juvenile court procedures.
14 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
15 SECTION 1. AMENDMENT. Section 14-10-06 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 14-10-06. Unlawful to encourage or contribute to the deprivation or delinquency of
18 minor or the conditions of a child in need of protection - Penalty.
19 1. Any individual who by any act willfully encourages, causes, or contributes to the
20 delinquency of a minor or deprivation of any minorthe condition of a child in need of
21 protection as defined in section 27-20.2-01 is guilty of a class A misdemeanor.
22 2. Any individual who by any act willfully encourages, causes, or contributes to the
23 deprivationconditions of a child in need of protection of a child less than sixteen years
24 of age by causing that child to engage in sexual conduct as defined under section
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1 12.1-27.2-01, in any play, motion picture, photograph, dance, or other visual
2 representation is guilty of a class C felony.
3 3. If an individual is convicted of this section for encouraging, causing, or contributing to
4 the consumption or possession of alcoholic beverages by a minor, the court shall
5 consider the following in mitigation:
6 a. After consuming the alcohol, the underage individual was in need of medical
7 assistance as a result of consuming alcohol; and
8 b. Within twelve hours after the underage individual consumed the alcohol, the
9 defendant contacted law enforcement or emergency medical personnel to report
10 that the underage individual was in need of medical assistance as a result of
11 consuming alcohol.
12 SECTION 2. AMENDMENT. Section 27-20.1-04 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 27-20.1-04. Venue.
15 Except as otherwise provided by this section, a proceeding under this chapter must be
16 commenced in the county in which the child resides. If deprivationa child in need of protection is
17 alleged, the proceeding may be brought in the county in which the child is present when it is
18 commenced, the county in which the child has resided for the majority of the thirty days prior
19 tobefore the date of the alleged deprivationchild in need of protection, or the county where the
20 alleged deprivation hasconditions of the child in need of protection have occurred. The court
21 shall determine the appropriate venue for a deprivationwhen the conditions of a child in need of
22 protection action is based on the best interest of the child.
23 SECTION 3. AMENDMENT. Section 27-20.1-07 of the North Dakota Century Code is
24 amended and reenacted as follows:
25 27-20.1-07. Procedure upon filing of petition.
26 1. A supporting affidavit establishing the basis for the guardianship under subdivision n of
27 subsection 2 of section 27-20.1-06, and that the guardianship is in the best interest of
28 the child, must be filed with the petition. Where deprivationa child in need of protection
29 is alleged under paragraph 4 of subdivision n of subsection 2 of section 27-20.1-06,
30 the petition must contain sufficient statements to establish deprivationa child in need of
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1 protection unless the child has resided in the home of the proposed guardian for at
2 least one year before the filing date of the petition.
3 2. A petition under this chapter must be reviewed by the court to determine whether the
4 contents of the petition comply with section 27-20.1-06.
5 3. If a petition alleges deprivationa child in need of protection, the petition will be
6 reviewed by the court to determine whether there has been a sufficient showing of
7 deprivationa child in need of protection.
8 4. If the petitioner has made an insufficient showing of deprivationa child in need of
9 protection, the court, without oral argument or an evidentiary hearing shall issue an
10 order denying the petition. If the petitioner has made a sufficient showing of
11 deprivationa child in need of protection justifying a guardianship, the court shall set a
12 date for an evidentiary hearing.
13 SECTION 4. AMENDMENT. Subsection 1 of section 27-20.1-09 of the North Dakota
14 Century Code is amended and reenacted as follows:
15 1. If, at any time in the proceeding, the court determines the interests of the child are or
16 may be inadequately represented and the child is of sufficient age and competency to
17 assist counsel, the court may appoint an attorney to represent the child.
18 SECTION 5. AMENDMENT. Section 27-20.2-01 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 27-20.2-01. Definitions.
21 As used in this chapter, unless the context requires otherwise:
22 1. "Abandon" means:
23 a. As to a parent of a child not in the custody of that parent, failure by the
24 noncustodial parent significantly without justifiable cause:
25 (1) To communicate with the child; or
26 (2) To provide for the care and support of the child as required by law; or
27 b. As to a parent of a child in that parent's custody:
28 (1) To leave the child for an indefinite period without making firm and agreed
29 plans, with the child's immediate caregiver, for the parent's resumption of
30 physical custody;
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1 (2) Following the child's birth or treatment at a hospital, to fail to arrange for the
2 child's discharge within ten days after the child no longer requires hospital
3 care; or
4 (3) Willfully fail to furnish food, shelter, clothing, or medical attention reasonably
5 sufficient to meet the child's needs.
6 2. "Abandoned infant" means a child who has been abandoned before reaching the age
7 of one year.
8 3. "Certified shelter care" means a non-secure permanent dwelling operated by an
9 agency certified by the department of health and human services, where employees
10 offer safe shelter, food, and a structured routine, and which is available twenty-four
11 hours a day to a resident in need of emergency placement, not to exceed seven days,
12 unless otherwise approved by the department.
13 4. "Child" means an individual who is:
14 a. Under the age of eighteen years and is not married; or
15 b. Under the age of twenty years with respect to a delinquent act committed while
16 under the age of eighteen years and not married.
17 4.5. "Child in need of protection" means a child who:
18 a. Is without proper parental care or control, subsistence, education as required by
19 law, or other care or control necessary for the child's physical, mental, or
20 emotional health, or morals, and the need for services or protection is not due
21 primarily to the lack of financial means of the child's parents, guardian, or other
22 custodian;
23 b. Has been placed for care or adoption in violation of law;
24 c. Has been abandoned by the child's parents, guardian, or other custodian;
25 d. Is without proper parental care, control, or education as required by law, or other
26 care and control necessary for the child's well-being because of the physical,
27 mental, emotional, or other illness or disability of the child's parent or parents,
28 and that such lack of care is not due to a willful act of commission or act of
29 omission by the child's parents, and care is requested by a parent;
30 e. Is in need of treatment and whose parents, guardian, or other custodian have
31 refused to participate in treatment as ordered by the juvenile court;
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1 f. Was subject to prenatal exposure to chronic or severe use of alcohol or any
2 controlled substance as defined in chapter 19-03.1 in a manner not lawfully
3 prescribed by a practitioner;
4 g. Is present in an environment subjecting the child to exposure to a controlled
5 substance, chemical substance, or drug paraphernalia as prohibited by section
6 19-03.1-22.2; or
7 h. Is a victim of human trafficking as defined in title 12.1.
8 5.6. "Child in need of services" means a child who in any of the foregoing instances is in
9 need of treatment or rehabilitation:
10 a. Is habitually and without justification truant from school subject to compulsory
11 school attendance and is absent from school without an authorized excuse more
12 than three days during a school year;
13 b. Is habitually disobedient of the reasonable and lawful commands of the child's
14 parent, guardian, or other custodian, including running away, and is ungovernable
15 or who is willfully in a situation dangerous or injurious to the health, safety, or
16 morals of the child or others;
17 c. Has committed an offense applicable only to a child, except for an offense
18 committed by a minor fourteen years of age or older under subsection 2 of
19 section 12.1-31-03 or an equivalent local ordinance or resolution; or
20 d. Is under the age of fourteen years and has purchased, possessed, smoked, or
21 used tobacco, a tobacco-related product, an electronic smoking device, or an
22 alternative nicotine product in violation of subsection 2 of section 12.1-31-03. As
23 used in this subdivision, "electronic smoking device" and "alternative nicotine
24 product" have the same meaning as in section 12.1-31-03; and
25 e. In any of the foregoing instances is in need of treatment or rehabilitation.
26 6.7. "Custodian" means a person, other than a parent or legal guardian, which stands in
27 loco parentis to the child and a person that has been given legal custody of the child
28 by order of a court.
29 7.8. "Delinquent act" means an act designated a crime under the law, including local
30 ordinances or resolutions of this state, or of another state if the act occurred in that
31 state, or under federal law.
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1 8.9. "Delinquent child" means a child who has committed a delinquent act and is in need of
2 treatment or rehabilitation or is a child subject to proceedings arising under the
3 interstate compact on juveniles.
4 9.10. "Director" means the director of juvenile court or the director's designee.
5 10.11. "Diversion" means an intervention strategy that redirects a child away from formal
6 processing in the juvenile justice system, while still holding the child accountable for
7 that child's actions.
8 11.12. "Facility" means buildings, structures, or systems, including those for essential
9 administration and support, which are used to provide residential treatment for
10 children.
11 12.13. "Host county" means the county within the human service zone in which the human
12 service zone administrative office is located and in which the human service zone
13 team members are employed.
14 13.14. "Human service zone" means a county or consolidated group of counties
15 administering human services within a designated area in accordance with an
16 agreement or plan approved by the department of health and human services.
17 14.15. "Juvenile court" means the district court of this state.
18 15.16. "Juvenile drug court" means a program established by the supreme court which is a
19 post-petition or post-adjudication program aimed at intervening in substance use
20 disorders through intense supervision and participation in recovery services.
21 16.17. "Proceeding" means any hearing conducted before a juvenile court or a referral for
22 service.
23 17.18. "Qualified residential treatment program" means a licensed or approved residence
24 providing an out-of-home treatment placement for children, including a
25 trauma-informed model.
26 18.19. "Relative" or "kinship relative" means:
27 a. The child's grandparent, great-grandparent, sibling, half-sibling, aunt, great-aunt,
28 uncle, great-uncle, nephew, niece, or first cousin;
29 b. An individual with a relationship to the child, derived through a current or former
30 spouse of the child's parent, similar to a relationship described in subdivision a;
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1 c. An individual recognized in the child's community as having a relationship with
2 the child similar to a relationship described in subdivision a; or
3 d. The child's stepparent.
4 19.20. "Restorative justice" means a system of justice which focuses on the rehabilitation of
5 offenders through reconciliation with victims and the community at large.
6 20.21. "Shelter care" means temporary care of a child in physically unrestricted
7 facilitiesduring which a child needs a safe bed outside the home, in a shelter care site
8 or certified shelter care site managed by an agency or licensed foster care facility.
9 21.22. "The court" means the district courts as designated by the North Dakota supreme
10 court which includes juvenile court as a subset of district court.
11 22.23. "Willfully" has the meaning provided in section 12.1-02-02.
12 SECTION 6. AMENDMENT. Subsection 1 of section 27-20.2-03 of the North Dakota
13 Century Code is amended and reenacted as follows:
14 1. The juvenile court has exclusive original jurisdiction of the following proceedings,
15 which are governed by this chapter:
16 a. Proceedings in which a child is alleged to be delinquent, a child in need of
17 services, or a child in need of services or protection under this chapter or
18 chapterchapters 27-20.3 and 27-20.4;
19 b. Proceedings for the termination of parental rights except if a part of an adoption
20 proceeding under chapter 27-20.3;
21 c. Proceedings arising under section 27-20.3-16;
22 d. Civil forfeiture proceedings arising under chapter 19-03.1 or section 29-31.1-04
23 for which a child is alleged to have possessed forfeitable property. The juvenile
24 court shall conduct the proceedings in accordance with the procedures provided
25 for under sections 19-03.1-36 through 19-03.1-37; and
26 e. Proceedings for the guardianship of a child under chapter 27-20.1, except the
27 testamentary appointment of a guardian for a minor governed by chapter
28 30.1-27.
29 SECTION 7. AMENDMENT. Section 27-20.2-05 of the North Dakota Century Code is
30 amended and reenacted as follows:
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1 27-20.2-05. Powers and duties of the director of juvenile court.
2 1. For the purpose of carrying out the objectives and purposes of this chapter and
3 subject to the limitations of this chapter or imposed by the court, a director shall:
4