North Dakota Code 27-20.4-06 – Detention – Nonsecure care of child
1. A child taken into custody may not be detained or placed in nonsecure care before the hearing on the petition unless the child’s detention or nonsecure care is required to protect the person or property of others or of the child or because the child may abscond or be removed from the jurisdiction of the court or because the child has no parent, guardian, or custodian or other person able to provide supervision and care for the child and return the child to the court if required, or an order for the child’s detention or nonsecure care has been made by the court pursuant to this chapter.
Terms Used In North Dakota Code 27-20.4-06
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. Law enforcement, juvenile court staff, or division staff shall use a detention screening tool to assure the appropriate use of detention and whether the child is a public safety risk. The juvenile court shall establish the detention screening tool, which must include objective factors to aid in the decision of placement of the child. Law enforcement, court records, and division records must include data on detention screening scores and, if the score does not authorize detention, the explanation for the override resulting in placing the juvenile in detention.
3. The court may place a juvenile in detention only if the court finds releasing the child would pose a risk to public safety and that all less restrictive alternatives have been considered.
4. A juvenile may be placed in a secure detention facility if one or more of the following conditions are met:
a. The child is alleged to have committed an offense that if committed by an adult would constitute a felony against person, felony weapon, or felony drug distribution; b. The child has a record of failure to appear in court or there is probable cause to believe that the child will flee the jurisdiction of the court; c. The child has violated the terms of detention release on home confinement or electronic monitoring; d. There is oral or written verification that the child is an alleged delinquent child sought for an offense in another jurisdiction or that the child left a juvenile detention facility without authorization; e. The child is an out-of-state runaway subject to the rules of the interstate commission on juveniles; f. The child meets criteria for secure detention on the detention screening tool; or g. The child meets criteria for an override on the detention screening tool.
5. A child may not be placed in detention:
a. Due to a lack of supervision alternatives, service options, or more appropriate facilities; b. Due to the community’s inability to provide treatment or services; c. Due to a lack of supervision in the home or community; d. In order to allow a parent, guardian, or legal custodian to avoid his or her legal responsibility; e. Due to a risk of the juvenile’s self-harm; f. In order to attempt to punish, treat, or rehabilitate the child; g. Due to a request by a victim, law enforcement, or the community; or
h. In order to permit more convenient administrative access to the juvenile.
6. Alternatives to secure detention may be utilized to include home confinement, electronic monitoring, and parental or guardian supervision if the court determines there is no unreasonable risk to public safety.
7. A child placed in detention must have a mental health and trauma screening tool completed by the juvenile detention center or by juvenile court upon entry and provide that information to the juvenile court before release or detention hearing.