RULE 2. HEARING TIME
1 (a) Hearing Time.
2 (1) Detention Hearing.
3 (A) The court must hold a detention hearing within 24 hours of the time a
4 child is placed in detention to determine whether there is probable cause that a
5 child committed an offense and that continued detention is required.
6 (B) The court must make findings that alternatives to detention were
7 considered and why secure detention was required and alternatives were not
9 (C) If a case is not disposed of within 60 days and the child remains in
10 detention, an additional detention hearing must be held to determine if the child's
11 continued detention is required under N.D.C.C. § 27-20-14.
12 (2) Shelter Care Hearing. The court must hold a shelter care hearing within
13 96 hours of the time a child is placed in shelter care to determine whether there is
14 probable cause for the child to remain in shelter care.
15 (3) Petition Hearing. After the petition has been filed, the court must set a
16 hearing, except in a continued foster care matter under N.D.C.C. § 27-20-30.1, in
17 which a hearing is optional.
18 (A) Unless a continuance is granted under Rule 2(c), the hearing on the
19 petition must not be held later than 30 days after the filing of the petition.
20 (B) If the child is in detention, the time for the initial hearing on the petition must
21 not be later than 14 days after the child has been taken into custody.
22 (C) If a child is in shelter care, the petition must be filed within 30 days
23 after the child has been taken into shelter care. The hearing on the petition must be
24 held and findings made within 60 days of the initial removal.
25 (b) Weekends and Holidays. If the period of time for a hearing expires on a
26 Saturday, Sunday or legal holiday, the hearing must be held on the next day that is
27 not a Saturday, Sunday or legal holiday.
28 (c) Continuance. The court may continue a hearing under Rule 9.
29 (d) Reliable Electronic Means. A judge or referee may conduct a hearing,
30 conference, or other proceeding, or take testimony, by using contemporaneous
31 audio or audiovisual transmission by reliable electronic means.
32 EXPLANATORY NOTE
33 Rule 2 was adopted effective March 1, 2010; amended
35 Paragraph (a)(1) was amended, effective__________________, to require
36 the court to make findings on alternatives to detention and to require an additional
37 detention hearing if a case is not disposed of within 60 days and the child remains
38 in detention.
39 Paragraph (a)(3) was amended, effective ______________________, to
40 clarify that a petition hearing is not required in a continued foster care matter under
41 N.D.C.C. § 27-20-30.1.
42 Subdivision (d) was added, effective__________________, to allow
43 hearings and other proceedings involving children to be conducted using
44 contemporaneous audio or audiovisual transmission by reliable electronic means.
45 The standards in N.D. Sup. Ct. Admin. R. 52 apply when reliable electronic means
46 are used.
47 Sources: Juvenile Policy Board Minutes of September 5, 2014, page 2;
48 February 20, 2009; August 8, 2008; May 9, 2008; February 29, 2008; September
49 21, 2007; April 20, 2007. Joint Procedure Committee Minutes of January 29-30,
50 2015, pages____; September 25-26, 2014, pages 4-5.
51 Statutes Affected:
52 Superseded: N.D.C.C. § 27-20-22.
53 Considered: N.D.C.C. §§ 27-20-14; 27-20-15; 27-20-16; 27-20-17.
54 Cross Reference: N.D.R.Juv.P. 9 (Continuance); Unified Judicial System
55 Policy 409 (Juvenile Court Time Standards); N.D. Sup. Ct. Admin. R. 52
56 (Contemporaneous Transmission by Reliable Electronic Means).