21.0800.01000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1427
of North Dakota
Introduced by
Representatives Klemin, Devlin, Hanson, Karls, Meier, Schneider, Weisz
Senators Dever, Larson
1 A BILL for an Act to provide for duties of the commission on juvenile justice and the children's
2 cabinet and to create a juvenile justice planning committee, a planning committee for children in
3 need of services, and a planning committee for alternatives to juvenile detention.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. COMMISSION ON JUVENILE JUSTICE AND CHILDREN'S CABINET.
6 During the 2021-23 biennium, the commission on juvenile justice shall establish planning
7 committees under the supervision of the commission to research and develop
8 recommendations and strategies to implement best practices for juvenile justice. During the
9 2021-23 biennium, the children's cabinet and the commission on juvenile justice shall review
10 and approve recommendations made by the planning committees under the supervision of the
11 commission on juvenile justice.
12 SECTION 2. JUVENILE JUSTICE PLANNING COMMITTEE.
13 1. During the 2021-23 biennium, a juvenile justice planning committee is created under
14 the supervision of the commission on juvenile justice. The planning committee is
15 created to assess, identify, and develop opportunities to build a service continuum
16 designed to safely maintain youth under system supervision in the community.
17 2. By August 15, 2021, the commission on juvenile justice shall appoint members to
18 serve on the juvenile justice planning committee with cross-system and
19 cross-government branch representation, including juvenile justice, child welfare,
20 behavioral health, education, workforce development, service providers, and tribal
21 representatives. The presiding officer of the commission on juvenile justice shall
22 appoint the presiding officer of the juvenile justice planning committee. The committee
23 shall meet at least quarterly, and more often as necessary to carry out the duties of the
24 committee.
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1 3. The juvenile justice planning committee shall:
2 a. Facilitate strengthening and expansion of evidence-based community services
3 for moderate- to high-risk juvenile offenders;
4 b. Identify gaps in services and a plan to fill those gaps;
5 c. Develop a plan for blending or braiding funding across systems and branches
6 which would allow for youth to be served in a coordinated way and limited
7 resources to be used efficiently and effectively;
8 d. Develop strategies for improving service access in rural and tribal communities;
9 e. Establish standardized information sharing and case planning protocols between
10 providers and system agencies;
11 f. Identify shared outcome measures that all youth serving agencies and service
12 providers receiving state funds shall track and report, including a common
13 definition of recidivism;
14 g. Develop a plan for how data must be collected as part of contracting
15 requirements;
16 h. Establish policies for evaluating the effectiveness of service providers, including
17 time frames and who is responsible for conducting the evaluations;
18 i. Develop a plan for the outcome measures to be reported to the children's
19 cabinet; and
20 j. Report to and be subject to the oversight of the commission on juvenile justice.
21 4. The department of human services shall provide the juvenile justice planning
22 committee with staffing and administrative services.
23 5. The committee shall recommend changes to laws, appropriations, rules, or standards
24 that need to be made before fully implementing the committee's recommendations.
25 Recommendations by the committee will be effective twelve months after approval by
26 the commission on juvenile justice and the children's cabinet.
27 SECTION 3. PLANNING COMMITTEE FOR CHILDREN IN NEED OF SERVICES.
28 1. During the 2021-23 biennium, a planning committee for children in need of services is
29 created under the supervision of the commission on juvenile justice. The planning
30 committee is created to access, guide, and coordinate the transition of children in
31 need of services being referred to the human service zones.
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1 2. By August 15, 2021, the executive director of the department of human services shall
2 appoint members to serve on the planning committee for children in need of services
3 which represent the department of human services, human service zones, human
4 services centers, juvenile court, law enforcement, health districts, parents, and service
5 providers. The presiding officer of the commission on juvenile justice shall appoint the
6 presiding officer of the planning committee for children in need of services. The
7 committee shall meet at least quarterly, and more often as necessary to carry out the
8 duties of the committee.
9 3. The planning committee for children in need of services shall:
10 a. Develop strategies to provide for a continuum of care in the delivery of services
11 to children in need of services and their families without formal court involvement;
12 b. Ensure the cooperation and coordination of agencies involved with the family of
13 children in need of services;
14 c. Establish policies and protocols for schools, law enforcement, and other entities
15 for making referrals of children in need of services to the human service zones;
16 d. Develop the required documentation needed for referrals;
17 e. Provide recommendations on the process when temporary shelter care is
18 needed;
19 f. Determine specific requirements of the case plan related to children in need of
20 services;
21 g. Determine how children in need of services data will be tracked and reported;
22 h. Establish a plan for educating key stakeholders about the recommendations; and
23 i. Report to and be subject to the oversight of the commission on juvenile justice.
24 4. The department of human services shall provide the planning committee for children in
25 need of services with staffing and administrative services.
26 5. Recommendations made by the committee will be effective twelve months after
27 approval by the commission on juvenile justice and the children's cabinet.
28 SECTION 4. PLANNING COMMITTEE FOR ALTERNATIVES TO JUVENILE DETENTION.
29 1. During the 2021-23 biennium, a planning committee for alternatives to juvenile
30 detention is created under the supervision of the commission on juvenile justice. The
31 planning committee is created to access and develop alternatives to juvenile
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1 detention. Community-based alternatives to detention must be based on the principle
2 of using the least-restrictive setting possible and returning a child to the child's home,
3 family, or other responsible adult whenever possible consistent with public safety.
4 Detention must be limited to only those who pose a substantial risk of serious harm to
5 others or themselves or who are a flight risk from prosecution.
6 2. Before August 15, 2021, the commission on juvenile justice shall appoint members to
7 serve on the planning committee for alternatives to juvenile detention which must
8 include representatives of juvenile court, law enforcement, indigent defense, juvenile
9 court judges and referees, county government, parents, private service providers, and
10 other community interests. The presiding officer of the commission on juvenile justice
11 shall appoint the presiding officer of the planning committee for alternative to juvenile
12 detention. The committee shall meet at least quarterly, and more often as necessary to
13 carry out the duties of the committee.
14 3. The planning committee for alternatives to juvenile detention shall:
15 a. Explore pre-adjudication service options that could serve as alternatives to
16 juvenile detention and the criteria for juveniles served through alternative
17 services;
18 b. Identify gaps in services for those youth who are not able to return home;
19 c. Consider what funds are available to cover the costs of alternative options;
20 d. Explore validation of the detention screening tool;
21 e. Establish statewide scoring override policies that minimize the subjective
22 decisions to place a juvenile in a detention facility, while allowing for local
23 flexibility; and
24 f. Report to and be subject to the oversight of the commission on juvenile justice.
25 4. The department of human services shall provide the planning committee for
26 alternatives to juvenile detention with staffing and administrative services.
27 5. Recommendations made by the committee will be effective twelve months after
28 approval by the commission on juvenile justice and the children's cabinet.
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