Lee, J. Gary
Romanick, J. Bruce
Theresa Snyder, ICWA
Committee Member Changes:
Lisa Bjorgard replaces Al Lick
Michelle Kommer, UND School of Law Student
Motion to approve 7/24/06 minutes made by Judge Rothe-Seeger; motion seconded by Connie Cleveland; motion carried.
1st Agenda Item - ICWA
Theresa Snyder was invited to discuss how ICWA affects Chapter 27-20, and provided a proposal for changes to Chapter 27-20 that would incorporate ICWA's "active efforts" requirements into the Code. The group discussed the need for a codified definition of "active efforts" and "Indian Child". The group discussed Ms. Snyder's proposal, including its origin and purpose, line-by-line. The group discussed the need to clarify that active efforts will not impede removal in an emergency shelter care situation. The group discussed at length whether or not to include a specific list of actions required that would constitute "active efforts" for the purposes of ICWA compliance. The group noted the importance of this list not being considered all-inclusive or mandatory in every situation. After a lengthy discussion the group agreed that list of actions that might constitute "active efforts" should be provided in the statute similar to the Iowa Code, but the statute should be worded in such way to clarify that each item listed is merely an example of an action that might constitute "active efforts", and each item listed is provided only as an example of how a court might find that active efforts have been provided. The group agreed that the North Dakota code should be modeled after the Iowa code relative to the provision of active efforts. Ms. Snyder asked that if the Iowa language is used as a model for the revisions, that the North Dakota statute be differentiated to remove the burden the Iowa code places on "Indian Social Services" in the provision of active efforts. The group agreed that it would be appropriate to replace that language with language such as "applicable" or "responsible" social services agency.
2nd Agenda Item - Update re: 8/24/06 Sub-Committee Meeting with Peter Welte
Judge Kleven met with Peter Welte, President of the State's Attorney's Association, on 8/24/06 regarding UJCA Policy Boards initiatives, including the Juvenile Policy Manual.
Judge Kleven will e-mail Mr. Welte to determine if he sent an update to all State's Attorneys
regarding the UJCA Policy Board's initiatives.
3rd Agenda Item - Continue Review of Chapter 2-20
N.D.C.C. § 27-20-48.1
Tara Muhlhauser and Connie Cleveland presented the draft they had prepared for proposed revisions to this section. The drafted revisions incorporated ASFA requirements relative to guardianships into Chapter 27-20. Presently the code contains guardianship information only in Chapter 30, Probate code. The draft proposed bringing this language into Chapter 27-20. Discussion ensued regarding who can be a party to a guardianship proceeding, including guardianship appointment, resignation, and removal. Mr. Ganje suggested including a limiting clause regarding the removal of a child, in order to maintain consistency with the rest of the code, specifically N.D.C.C. § 27-20-37.
Discussion turned to how this Board will present recommendations to the Supreme Court/legislature. Judge Kleven proposed that the Board present those changes that are more administrative/ministerial to the Supreme Court for presentation during this legislative session, and continue to work on the other statutory revisions for consideration during the next legislative session.
N.D.C.C. § 27-20-50
Discussion ensued regarding the efficacy of this device. The group agreed the section was meritorious but wording would be improved to increase clarity/effectiveness. New language was discussed and proposed to provide an "arrow in the quiver" to protect children.
Tara Muhlhauser and Connie Cleveland will review N.D.C.C. § 27-20-50 and propose language that would reflect the group's discussion.
Judge Kleven will distribute a memo prepared by Michelle Kommer relative to state trends in collecting/retaining/destroying juvenile DNA as pertinent to N.D.C.C. § 27-20-53.
All group members are to review statutory revisions proposed thus far to distinguish those that are more administrative/ministerial in nature from those that may require additional research and exploration before introduction to the Supreme Court/Legislature.
Meeting adjourned at 2:00pm
The next meeting of the Juvenile Policy Board is October 13, 2006 at the
Radisson in Bismarck.