October 27, 1993__________________
SCREENING AND TESTING JUVENILES FOR DRUG AND
JUVENILE COURT PROCEDURE; AUTHORITY; POLICY
I. Authority and
Effect Intent of Policy
The Supreme Court adopted Rules of Juvenile Procedure effective March 1, 2010. Under Administrative Rule 35, the Supreme Court has the authority to adopt administrative policies governing the actions of juvenile courts and personnel of the juvenile courts in North Dakota, including policies assisting the implementation of procedures set out in the juvenile rules. Policy 401 is intended to outline authority and court policies underlying the juvenile rules.
Legal Authority to Conduct Drug and Alcohol Tests or Screenings
(A) Authority. Section 27-20-31, N.D.C.C., gives the juvenile court the authority to conduct drug and alcohol testing. N.D.R.Juv.P. 18(c) sets out a drug screening procedure.
(B) Implementation. The court administrator has authority to establish policies and training requirements as necessary to implement the Rule 18(c) drug screening procedure. Juvenile court officers in each office must provide the necessary training to new staff in the proper collection and testing methods for all types of drug an alcohol testing.
General Juvenile Court Records
Section 27-20-51, N.D.C.C., gives the state court system the authority to keep juvenile court records confidential and to limit disclosure of juvenile court information. N.D.R.Juv.P. 19 sets out procedures for appropriate handling of juvenile court records. N.D. Sup. Ct. Admin. R. 41 provides general information on access to court records.
The juvenile court will:
* Assess the need for drug testing among juveniles and limit the testing to
* Use drug testing as a dispositional option in both formal and informal
proceedings when the testing is reasonably related to the rehabilitation of
* Provide the testing and supervision necessary to deter chemical abuse,
and delinquent behavior.
* Provide trained and certified staff to conduct the testing.
Formal Adjudication Restitution and Community
(A) Policy. The North Dakota judicial system recognizes that restitution and community services programs may be effective in reducing recidivism rates of juvenile offenders and in increasing a sense of satisfaction in the justice system on the part of victims. Therefore, it is the policy of the courts to include restitution and/or community service whenever appropriate.
(B) Authority. The juvenile court has inherent powers to issue orders affecting the conduct and care of children within its jurisdiction. Specific legal authority related to restitution and community service is provided in Section 27-20-31.2, N.D.C.C., while N.D.R.Juv.P. 18(a) sets out procedures for ordering restitution and community service in juvenile court matters.
(C) Payment. Policies for handling payment of restitution must be in writing and be approved by the fiscal department of the State Court Administrator's Office.
(1) Restitution is collected in the form of a money order and received by the juvenile court. The juvenile court enters the information into the electronic database. The juvenile court disperses the money order to the victim along with a cover letter. The child paying the restitution receives a receipt at the time of payment.
(2) Any collected restitution for a victim whose whereabouts become unknown must be sent to the North Dakota Unclaimed Property Fund, as maintained by the North Dakota State Treasurer's Office.
(3) The juvenile court will not collect money for insurance companies, banks or credit card companies unless directed to do so by the judge or referee.
A. The juvenile court shall determine, by written order, which juvenile will
to drug testing. The court may order testing for:
1. any juvenile found to possess or who is involved with the sale or
of illegal drugs;
2. any juvenile who has two or more alcohol related offenses;
3. any juvenile with a drug/alcohol problem as determined through his/her
admission, his/her parents' admission or knowledge or suspected use, an
alcohol or drug evaluation, or prior involvement in a treatment program;
4. other cases based on articulated reasons.
B. The testing techniques, methods, equipment, training, and standards for
test positive must be approved by the Director of Juvenile Court Services.
C. The juvenile and the custodial parent(s), will be informed by the juvenile
court of the
1. The juvenile has the right to refuse testing. A refusal shall be considered a
positive test result for purposes of developing a treatment plan.
2. A positive test result will not be used to bring a new charge against a
but may be used to ask for a revocation/review hearing for a formal change in
the treatment plan.
3. Samples will be taken by same gender staff.
4. Test results will not be released to any person or agency, with the
of the juvenile, the juvenile's parents, and juvenile court authorities, without
the parents' prior written consent, or as required by law.
Policy - Informal Adjustment Detention Hearings and Alternatives
(A) Policy. Decisions regarding secure detention must be made using the most appropriate level of care consistent with the circumstances of the individual case. When the admission of a child to a secure detention facility is being considered by a judge or referee, preference should be given to non-secure alternatives that could reduce the risk of flight or danger to the child or community. House arrest and electronic monitoring are alternatives to detention.
(B) Authority. A detention hearing must be conducted under the conditions in Section 27-20-17, N.D.C.C. N.D.R.Juv.P. 2 sets out time standards for hearings in juvenile court. N.D.R.Juv.P. 18(d) sets out procedures for house arrest and electronic monitoring.
(1) The juvenile court administration must establish procedures and training requirements as necessary to implement this policy.
(2) The case aide, juvenile court officer, child and parent must meet to discuss electronic monitoring services.
(3) The case aide or juvenile court officer will install the monitoring equipment, answer and investigate violation alarms, supplement electronic monitoring with personal visits and phone contacts, and the juvenile court officer will have authority to authorize predefined orders of the court.
A juvenile court officer, with the consent of the parties involved, may establish
alcohol screening as a condition of an informal adjustment consistent with the procedures
and conditions set forth in the formal adjudication process.
Procedures Juvenile Court Officer
Under Section 27-02-05.1(3), N.D.C.C., the Supreme Court has authority to provide rules for qualifications and duties of court personnel. Under this authority, a person who is classified as a juvenile court officer II or a juvenile court officer III may carry out the duties of a "director of juvenile court" for purposes of Chapter 27-20, N.D.C.C., or as otherwise mentioned in the North Dakota Century Code. Specifically, a juvenile court officer II or a juvenile court officer III is a "director of juvenile court" for purposes of Sections 27-20-06 and 54-12-01.3, N.D.C.C.
The Juvenile Court Policy Board shall establish procedures and training
necessary to implement this policy.
Approved by the Supreme Court 10/27/93, amended effective__________________.