RULE 3. CONTENTS OF PETITION
1 (a) Petition. The petition must be verified and may be on information and
2 belief. It must include:
3 (1) the facts that bring the child within the jurisdiction of the court;
4 (2) the name, age, and residence address of the child on whose behalf the
5 petition is brought;
6 (3) the names and residence addresses, if known to petitioner, of the parties,
7 except that the names and residence addresses of the parents, guardian, or
8 custodian of the child may not be included in the petition in a continued foster care
9 matter under N.D.C.C. § 27-20-30.1;
10 (4) whether the child is in custody and, if so, whether in shelter care or
11 detention and the date and time the child was taken into custody; and
12 (5) a request for relief based on the facts alleged, stating that it is in the best
13 interest of the child and the public that the proceeding be brought and, if
14 delinquency or unruly conduct is alleged, that the child may be in need of
15 treatment or rehabilitation.
16 (b) Parties. Parties include the petitioner, the child, parents, guardian, or
17 custodian of the child, if any, and any person that the court allows to intervene as a
18 party. If the child's parents, guardian, or custodian do not reside or cannot be found
19 within the state, or if their places of residence are unknown, the name of any
20 known adult relative residing within the county, or, if there be none, the known
21 adult relative residing nearest to the location of the court must be included in the
23 (c) Juvenile Court Officer. Juvenile court officers may not act as the
24 petitioner where the child is alleged to be delinquent, unruly, deprived, or where
25 termination of parental rights are involved.
26 EXPLANATORY NOTE
27 Rule 3 was adopted effective March 1, 2010; amended
29 Subdivision (a) was amended, effective ___________, to clarify that the
30 names and residence addresses of the parents, guardian, or custodian of the child
31 are not included in the petition for a continued foster care matter under N.D.C.C. §
32 27-20-30.1. Continued foster case matters involve children over the age of 18 who
33 can legally act on their own behalf.
34 Subdivision (c) was added, effective___________________, to incorporate
35 language from Policy 408 of the Unified Judicial System Policy Manual.
36 Sources: Juvenile Policy Board Minutes of September 5, 2014, page 3;
37 February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29,
38 2008; September 21, 2007; April 20, 2007. Joint Procedure Committee Minutes of
39 January 29-30, 2015, pages____; September 25-26, 2014, page 6.
40 Statues Affected:
41 Superseded: N.D.C.C. § 27-20-21.
42 Considered: N.D.C.C. § 27-20-30.1.