2014

Statutory Responses to Domestic Minor Sex Trafficking Victims

North Dakota

The information and links provided in this document are solely for educational and informational purposes, and do not constitute legal advice. Shared Hope International grants permission for

copies of the information in this document to be made, in whole or in part, by not-for-profit organizations and individuals, provided that the use is for educational, informational,

noncommercial purposes only, and provided that each copy includes this statement in its entirety and the legend, “Reprinted by permission of Shared Hope International.”

Where is child referred after initial custody?

Where is child referred after initial custody?

Where is child referred after initial custody?

When and how does court assume jurisdiction?

When and how does court assume jurisdiction?

When and how does court assume jurisdiction?

Authority for Initial Custody:

Authority for Initial Custody:

Authority for Initial Custody:

Placement:

Placement:

Placement:

Child Identified asYouth in Need of Care(Abused/Neglected)

Child Identified asDeprived

Child Identified asDelinquent

Reasonable grounds to believe child issuffering from illness, injury, or in immediatedanger, removal necessary, or child has runaway from parents or guardian.

Reasonable grounds to believe child issuffering from illness, injury, or in immediatedanger, removal necessary, or child has runaway from parents or guardian.

Following initial custody, jurisdiction existspursuant to the order of the court or pursuantto the laws of arrest

Release child to parent, guardian, or custodianupon promise to bring child before the courtwhen requested, unless shelter care warranted

Release child to parent, guardian, or custodianupon promise to bring child before the courtwhen requested, unless shelter care warranted

Immediate release unless it appears that thechild's detention is warranted or required, ifnot released then to detention hearing

Law Enforcement if there's an order of thecourt, child is suffering from illness/injury orin danger from surroundings, or director'sorder. any physician suspecting abuse/neglect

order of the court, laws of arrest, by lawenforcement if child is ill/injured, child is indanger, or child is runaway; or by order of thedirector

order of the court, laws of arrest, by lawenforcement if child is ill/injured, child is indanger, or child is runaway; or by order of thedirector

Not placed in shelter care prior to hearing onthe petition, unless child has no parentguardian, or required to protect person,property of others, or the child.

Foster home, child welfare agency operatedfacility, medical facility (not adult detentionfacility)

Foster home, child welfare agency operatedfacility, medical facility (not adult detentionfacility), detention home/center fordelinquent or unruly children

When must placement hearing be held after initial custody?

When must placement hearing be held after initial custody?

When must placement hearing be held after initial custody?

Adjudication:

Adjudication:

Adjudication:

Dispositional Outcomes

Dispositional Outcomes

Dispositional Outcomes

Dispositional Outcomes

Dispositional Outcomes

Dispositional Outcomes

Or Alternate Process

Or Alternate Process

Or Alternate Process

What are the placement options?

What are the placement options?

What are the placement options?

North Dakota

Not later than 96 hours from initial custody.

If a child is brought before the court ordelivered to a detention or shelter care facilitydesignated by the court, the director, theintake officer, or other authorized officer ofthe court shall immediately make aninvestigation and release the child unless itappears that shelter care is required.

Not later than 96 hours from initial custody.

If a child is brought before the court ordelivered to a detention or shelter care facilitydesignated by the court, the director, theintake officer, or other authorized officer ofthe court shall immediately make aninvestigation and release the child unless itappears that shelter care is required.

Licensed foster care home, facility operated bychild welfare agency, a detention home orcenter for delinquent or unruly children, anyother suitable facility for the treatment ofmental illness, alcoholism, mental illness, drugaddiction, or a jail for adults under limitedcircumstances

It is determined to be in the best interest ofthe child to return home, to have parentalrights terminated, to be placed for adoption,to be placed with a fit and willing relative, orto be placed with a legal guardian, establish,by order, some other planned permanentliving arrangement.

If the court finds that the child is not adeprived child, it shall dismiss the petition.

The child may be ordered for the samedisposition as a deprived child or petition maybe dismissed and order the child dischargedfrom any detention or other restrictionpreviously ordered in the proceeding.

Child is not deprived, delinquent, or unrulybut is in need of continued foster care.

Child is found to be a deprived child.

Child is adjudicated on proof beyond areasonable doubt as delinquent.

Child is placed in continued foster careservices and case management for thechild's foster care continues.

Reside with parents, guardian,fit/willing relative, agency/privateorganization, direct of county socialservice board/other public agency, or tobe placed for adoption

If child is found to be delinquent: placechild on probation, commit child todivision of juvenile services or anotherstate department for delinquent unrulychildren, juvenile drug court programe

Child is placed in the disposition whichis found to be in the best interest of thechild.

Child is ordered discharged from anydetention or other restriction previouslyordered in the proceeding.

Not later than 96 hours from initial custody.

Reside with parents, guardian,fit/willing relative, agency/privateorganization, director cty. social serviceboard/other public agency, adoption