Present:
Hon. Debbie Kleven, Chairperson
Connie Cleveland*
Clarence Daniel*
Gary Delorme*
Jim Ganje**
Louis Hentzen**
Karen Kringlie
Hon. Gary Lee
Al Lick*
Justice Mary Muehlen Maring
Dave McGeary*
Tara Muhlhauser*
Hon. Bruce Romanick
Hon. Cyntha Rothe-Seeger
Ken Sorenson*
Dale Thompson
Absent:
Steve Balaban*
Robert Freed*
Paul Murphy
* = Expanded membership for purposes of UJCA Review
** = Staff
Minutes:
Michelle Kommer, UND School of Law student
Motion to approve 4/24/06 minutes with corrections made by Judge Romanick, seconded by Judge Lee.
1st Agenda Item:42 U.S.C. § 638(b):
Federal law requires this change to be in effect on 10/1/06, notwithstanding when a state legislature meets. Compliance with this provision is important to not compromise federal funding.
Judge Kleven will send a letter to the Supreme Court, requesting that notification of the new federal law be sent to the appropriate committee for inclusion in the rules.
Review of 4-24-06 Action Items
Judge Kleven reviewed 4/24/06 Action Items:
Tara Muhlhauser was to contact J. Christofferson regarding ICWA concerns: No progress to report at this time.
Tara Muhlhauser and Connie Cleveland were to work jointly to identify conflicts between Chapter 30 and 27: No progress to report at this time.
2nd Agenda Item: Review of North Dakota Century Code §27-20
N.D.C.C. §27-20- 50 Protective order.
The group considered broadening the availability of this portion of the code, similar to a temporary restraining order, noting that it would be more useful and appropriate if not limited to this particular time.
INSERT in introductory sentence "At any stage of the proceedings upon application of a party",
Eliminate #1
2(a), but eliminate 2(b) in order to advise the court what the basis is for a protective order
Leave (3) which permits the application to be made at any time
The above-noted changes alone do not give the court the authority to issue an ex parte temporary order. The group agreed this was desirable. In order to do so, the court's standard must be defined (PC, prima facie, reasonable cause to believe?). The language will need to indicate that the temporary order is only valid for 14 days. (Refer to disorderly conduct restraining order statute for procedures for example).
Connie Cleveland and Tara Muhlhauser will review this matter and recommend language to capture the above concept.
The group also discussed whether there should also be a criminal sanction included in the juvenile code as well.
Two questions were presented for consideration:
1) Who should be affected by this protective order statute?
a. Universe at large? Eight members voted affirmatively.
b. Parties to this action? Five members voted affirmatively.
2) Do we include a penalty provision?
a. Yes Four members voted affirmatively.
b. No Seven members voted affirmatively.
Mr. Delorme asked if there is no penalty provision, can language about contempt of court be included? The group agreed yes.
The provision will be drafted accordingly.
N.D.C.C. §27-20- 51 Inspection of court files and records.
No changes recommended.
N.D.C.C. §27-20- 51.1 Disclosure of information needed to apprehend juvenile.
No changes recommended.
N.D.C.C. §27-20- 52 Law enforcement and correctional facility records.
No changes recommended.
N.D.C.C. §27-20- 53 Children' s fingerprints, photographs.
Group discussed whether there should there be reference to DNA in this Chapter.
Michelle Kommer to research whether there is a statutory trend to require DNA samples from juveniles. [Chapter 12.1 addresses adult statute.]
No other changes recommended.
N.D.C.C. §27-20- 54 Destruction of juvenile court records.
Group discussed whether this statute is necessary.
Jim Ganje will re-draft the statute to discuss juvenile court record destruction requirements, and will present draft for consideration at 9/8/06 meeting.
N.D.C.C. §27-20- 55 Contempt powers.
No changes recommended.
N.D.C.C. §27-20- 56 Appeals.
No changes recommended.
N.D.C.C. §27-20- 57 Rules of court.
To be reviewed at a later date.
N.D.C.C. §27-20- 59 Short Title.
Change:
This chapter may be cited as the Juvenile Court Act (removing "UNIFORM")
N.D.C.C. §27-20- 60 In-state placement of juveniles Exception.
Timing of legislative proposal
Discussion ensued as to when proposed changes will be presented to the legislature. The group agreed that the intent is to present the changes during this legislative session.
Impact of Best Practices Manual
It was noted that there is a need for communication regarding the role of the Best Practices Manual and the Juvenile Court Officer.
Louie Hentzen proposed that Connie Cleveland and Gary Delorme get together to identify conflicts with the Best Practices Manual, and submit those to Karen Kringlie, who will bring them to the Best Practices committee, then have the Best Practices committee submit a report to this group.
Tara Muhlhauser requested discussion at a future meeting regarding N.D.C.C. § 27-20 Petition who may file to clarify who is responsible for filing petitions.
ACTION ITEM
Judge Kleven will initiate a meeting with Peter Welte, Tara Muhlhauser, Connie Cleveland, Gary Delorme, and the four Juvenile Directors to resolve this issue.
Next meeting:
Judge Kleven will report on the above action item
(1) Committee will review the changes to the JCA made thus far
(2) Committee will review the ultimate plan for separating deprivation and delinquency into two codes
Meeting was adjourned at 2:06pm.