Juvenile Policy Board
December 5, 2008
Judge Debbie Kleven, Chair
Judge William Herauf
Justice Mary Muehlen Maring
Judge Doug Mattson
Judge David Reich
Mike Hagburg, Staff
Louis Hentzen, Staff
Judge Kleven called the meeting to order. Justice Maring introduced Caitlin Adorni, a student from University of Mary, here to observe.
Review of Minutes
Judge Herauf moved to approve minutes from last meeting, August 2, 2008, Karen Kringle seconded; motion carried.
Juvenile Director Report
Karen Kringlie gave a report on the juvenile directors activity; they meet monthly, either by teleconference or in person or as often as needed; creating reports; cross-training on risk assessment instrument; discussing new laws on traffic cases; looking at a new staffing study next biennium; discussed possible problems with Drug Court sanctions for unruly kids; need to discuss transfer section of new law in the near future; indigent defense, filling out paperwork in courtroom; destruction of records.
At this point, a general discussion occurred about destruction of records. DHS will introduce bill to exempt DHS and county Social Services from destruction notice much like DOT. DJS and some law enforcement agencies have also expressed concerns. Even agencies the court does business with such as Lutheran Social Services have expressed concerns. It appears that no one is destroying their records at this time and that there may be an opinion sought from the Attorney General.
#1 Scope and Purpose
Rules of Evidence apply, place in Explanatory Note. Recommend to Joint Procedure that Rules of Court apply to juvenile court proceedings.
#2 Hearing Time
Some language change and numbering change. Mike will make changes.
#3 Contents of Petition
Justice Maring moved to amend language, Judge Herauf seconded; motion carried; remove “if any” line 6 and line 15; remove “and” line 8; and “date and” line 10.
#4 Interested Persons
Some discussion on term "general nature of allegations". It was determined that this phase came out of statute. Jean Delaney moved, Judge Mattson seconded, to change language in line 35 of Explanatory Note; motion carried. Mike will make change.
#6 Service of Summons
Question as to why there is such a difference for service for parties outside the state (5 days vs. 24 hours for in state). This language came out of statute. Justice Maring has concerns with jurisdiction from out of state parties; current language permits service by mail for outside of state; should expect a signed receipt. Justice Maring moved to incorporate language from Rule 4 of Civil Rules, Judge Herauf seconded; motion carried. Also change "without" to "outside" line 11.
#7 Service After Summons
Line 16 match up with Civil Rule 5; line 21 change "agency" to "agent".
#8 Provisional Hearing
Line 16 take out "if"; change language in line 17, remove "the child must be" and insert "is"; change "at" to "for"; line 25 insert after "orders" "of provisional hearing".
#10 Presence Default
Judge Mattson moved to strike word "Legal" from lines 10, 15, 17 and 18, Kim Hegvik seconded; motion carried.
#11 Notice of Alibi Defense
What does "promptly" mean? Judicial discretion depending on circumstance.
Line 18 change "defendant" to "party".
Reference Rule 7 in line 6.
#16 Modification and Vacation of Orders
Research notes of 27-20-37 regarding "vacation".
#17 Juvenile Court Lay Guardian Ad Litem
Line 54 remove "at least five days before the first hearing on the petition or"; Karen Kringlie moved, Dave McGeary seconded; motion carried. Line 55 Justice Maring moved, Judge Herauf seconded, to add "upon receipt" after "and"; motion carried.
Mike Hagburg will draft changes to all rules as requested.
This is Judge Kleven's "official" last meeting. However, it was discussed that she should be able to complete this project. Therefore, she will be invited to the next meeting, February 20, 2009, in Bismarck, at which time the proposed rules should be complete and ready to move on to the Supreme Court and/or Joint Procedure Committee. Also at that time, the expanded membership group should be finished with their work.Meeting adjourned.