Members Present Judge William Herauf, Chair Karen Kringlie, Juvenile Court Director Unit 2 Dale Thompson, Referee Judge Dan Narum via phone Judge Doug Mattson Judge David Reich
Members Absent Justice Mary Muehlen Maring
Staff Present Louie Hentzen, Asst. State Court Administrator
Guests Tara Mulhauser Dave McGeary Scott Hopwood Deb Carlson
Judge Herauf called the meeting to order. He asked for any changes in the minutes from the July
9, 2010, minutes.
A motion was made by Karen Kringlie to approve the July 9, 2010, minutes. The motion
was seconded by Dale Thompson, motion carried.
18 Year Olds in Foster Care
Tara Mulhauser, Director of Children and Family Services for the Department of Human
Services reported on the DHS budget, which reveals no program enhancements or expansions. In
regard to budget challenges and 18 year olds who are aging out of foster care, the option is to
move the 18 year olds to the 4E environment. Right now, kids who stay in foster care past 18
years old, are being paid through state general funds. 4E dollars are being used to draw down
federal money to keep the 18 year olds in foster care. A court order is needed to access the money
for 18 year olds to stay in foster care. The federal government requires specific guidelines to
draw down on the federal 4E funding, which would require making some changes in 2720 and
include a definition for 18 year olds up to the age of 21 in need of further foster care services.
This will be a formal sign in agreement by the 18 year olds at the local DHS agencies. Social
workers will complete an affidavit and distribute it to the state’s attorney’s office who will add it
to a petition, and send to the court. This will not require a court hearing, just a paper finding. A
court order which includes a contrary and best interest language along with a statement for
reasonable efforts, be made at the time of the removal order. At that time, the 18 year old will be
able to stay in care and will be able to claim federal dollars to complete. There are approximately
fifty 18 year olds in the state. This will be a voluntary self agreement by the 18 year old. If the
agreement is not followed, the 18 year old is dismissed and will not be let back in. They will
then be referred to the local Human Service Center as an adult.
Tara shared that once the legislation has been finalized at DHS, this topic will then be brought
back to this board.
Non Criminal Traffic in Municipal Court
Deb Carlson received a call from municipal court stating they are receiving a number of offenses
that juvenile court would normally handle.
Karen Kringlie stated all delinquent acts would be any jurisdiction over crimes committed by
juveniles. Non-criminal acts are the status offenses that are listed in the unruly child definition.
This could require each city to look at their ordinances and decide of there are certain ones that
need to be reworded. These are offenses that should be in juvenile court, especially if it is a
minor consuming alcohol on a public street. If they are being cited this way, they are being sent
to municipal court and require a fine.
Louie Hentzen shared that it is a matter of how the arresting officer files the complaint and
whether it’s on a municipal ordinance or under state statute.
Juvenile Director’s Report
The 2010 Juvenile Court Conference was held in September. The topic was Mental Health for
juveniles and was very well received.
Dave McGeary will be retiring at the end of October and Cory Pedersen, the new Juvenile
Director for the SCJD has been hired.
North Dakota was one of the first states to sign on to the new Interstate Compact for Juveniles.
Karen Kringlie sits on the state commission and attended the national meeting this fall. There
are 46 states that have signed onto the new compact. The new compact has financial penalties if
violated, unlike the old compact. Karen will be traveling throughout the state conducting
training’s in each of the juvenile offices on some of the changes in the interstate compact rules.
There are some things that are more intricate than in the past, especially pertaining to juvenile
sex offenders and how they are monitored across state lines and how states pay for treatment
when kids move across state lines.
A representative of the Department of Justice was in North Dakota in August and conducted the
federal audit of juvenile secure facilities. The written recommendations have not been
distributed, but when the director’s met, the topic arose for pick up orders, specifically stating the
underlying offense or the delinquent act of why the juvenile is being picked up. Many of the pick
up orders can specify why the child is being picked up, but the Department of Justice wants it
very clear in the order.
The federal act is yet to be re-authorized. The Senate bill passed the Judicial committee and has
not been passed by Congress. They are talking about taking out the provision that allows us to
securely detain juveniles for violation of a court order on an unruly act. There will be a three
year phase out with that. The Department of Justice is really strong about not having an unruly
status offenders in locked facilities. Another part that impacts North Dakota is that they don’t
want any of the police departments and law enforcement agencies putting juveniles in locked
rooms while they are waiting for transports.
When we receive a copy of the final audit recommendations, it will be brought back to this board
to look at because it impacts the way business is conducted.
Louie reported Justice Maring and Judge Reich terms on the Juvenile Policy Board will be
expiring at the end of this year. Louie will ask if they would like to be re-appointed to this board.
After extended discussion, Karen Kringlie handed out the updated strategic plan. Please refer
and note changes.
Meeting Dates for 2011 January 14, 2011 at 1:30 p.m. - Bismarck May 25, 2011 at 1:00 p.m. - Grand Forks September 9, 2011 at 1:00 p.m. - Grand Forks November 22, 2011 at 1:00 p.m. - Bismarck