RULE 18. DISPOSITION; CONDITIONS
1 (a) In General. If a child is found to be delinquent or unruly, the court may
2 make any order of disposition authorized by law that is best suited to the child's
3 treatment, rehabilitation, and welfare.
4 (b) Restitution.
5 (1) In cases where a petition has been filed, the court must determine the
6 amount of restitution owed, if any, and include that determination in an order. A
7 court officer may be asked to investigate, and recommend a restitution amount.
8 The case may be referred to offender accountability conferencing to determine
9 restitution. However, the court must approve the final determination.
10 (2) In non-petition cases, the court officer or offender accountability
11 conferencing must set the restitution amount, if any.
12 (A) The determination of restitution amounts must be subject to conditions
13 and limitations that otherwise apply to informal adjustment, such as parental
14 consent and limits on use of statements.
15 (B) If a restitution amount cannot be agreed to, or if there is a willful failure
16 to pay, the case must be considered for formal adjudication.
17 (C) In determining the amount of restitution owed, the court or court officer
18 or offender accountability conferencing must make the determination in
19 accordance with N.D.C.C. §§ 12.1-32-08 and 27-20-31.2.
20 (D) If the court, court officer, or offender accountability conferencing determines
21 that there is an inability to pay all or part of the restitution owed, assignment of
22 community service hours may be considered.
23 (c) Community Service.
24 (1) In cases where a petition has been filed, the court must determine, if
25 any, the number of community service hours to be completed and must include that
26 determination in an order.
27 (2) In non-petition cases, the court officer must set, if any, the community
28 service hours.
29 (3) In referring a child to a community service placement, the court officer
30 must ensure that:
31 (A) the work being performed is in compliance with child labor laws;
32 (B) the child is covered under worker's compensation by the agency,
33 workplace or North Dakota Court System.
34 (4) The child may be required to pay a reasonable fee to the agency or
35 workplace to cover the cost of worker's compensation.
36 (d) Drug Screening.
37 (1) In General. The juvenile court will:
38 (A) assess the need for drug testing among children and limit the testing to
39 appropriate children;
40 (B) use drug testing as a dispositional option in both formal and informal
41 proceedings when the testing is reasonably related to the rehabilitation of children
42 in need of chemical dependency treatment;
43 (C) provide the testing and supervision necessary to deter chemical abuse,
44 unruly and delinquent behavior and to help identify treatment needs of each child;
45 (D) provide trained staff to conduct the testing.
46 (2) Formal Adjudication.
47 (A) The juvenile court must determine, by written order, which children
48 will be subject to drug testing. The court may order testing for:
49 (1) any child found to possess or who is involved with the sale or
50 distribution of illegal drugs;
51 (2) any child who has two or more alcohol related offenses;
52 (3) any child with a drug/alcohol problem as determined through his/her
53 own admission, his/her parents' admission or knowledge or suspected use, an
54 alcohol or drug evaluation, or prior involvement in a treatment program;
55 (4) other cases based on articulated reasons.
56 (B) The testing techniques, methods, equipment, training, and standards for
57 determining a test to be positive must be approved by the Director of Juvenile
58 Court Services.
59 (C) The child and the custodial parents, must be informed by the juvenile
60 court of the following:
61 (i) The child has the right to refuse testing. A refusal will be considered a
62 positive test result for purposes of developing a treatment plan.
63 (ii) A positive test result may not be used to bring a new charge against a
64 child, but may be used to ask for a review hearing for a formal change in the court
66 (iii) Observed urine collection must be taken by same gender staff.
67 (iv) Test results may not be released to any person or agency, with the
68 exception of the child, the child's parents, and juvenile court authorities, without
69 the parents' prior written consent, or as required by law.
70 (5) Informal Adjustment. A juvenile court officer, with the consent of the
71 parties involved, may establish drug and alcohol screening as a condition of an
72 informal adjustment consistent with the procedures and conditions set forth in the
73 formal adjudication process.
74 (e) House Arrest in Lieu of Detention.
75 (1) In General.
76 (A) House arrest may be requested by a parent in lieu of detention,
77 authorized by a juvenile court officer as part of release conditions under N.D.C.C.
78 § 27-20-17(1), or authorized in a court order.
79 (B) Consequences imposed for violations must be predefined and signed by
80 parent or custodian, child and court officer.
81 (C) The court order may include a standing pickup order or consequences
82 for violation of the conditions if release from detention pending further hearing.
83 (D) If a violation of house arrest occurs and if the child is placed in
84 detention as a result, a detention hearing must be held within 24 hours to review
85 the alleged violation.
86 (E) House arrest that is monitored by an electronic device is limited to two
87 weeks, unless extended by the court.
88 (f) Juvenile Drug Court. If a child is ordered to participate in the Juvenile
89 Drug Court Program, N.D. Sup. Ct. Admin. R. 56 governs the treatment of the
91 EXPLANATORY NOTE
92 Rule 18 took effect May 1, 2015.
93 Rule 18 consolidates provisions previously contained in the Unified Judicial
94 System Policy Manual. Subdivisions (b) and (c) are derived from Policy 404 on
95 Restitution and Community Service. Subdivision (d) is derived from Policy 401
96 on Screening and Testing Juveniles for Drug and Alcohol Use. Subdivision (e) is
97 derived from Policy 407 on Electronic Monitoring.
98 Sources: Juvenile Policy Board Minutes of September 5, 2014, page 5. Joint
99 Procedure Committee Minutes of January 29-30, 2015, page 8; September 25-
100 26, 2014, pages 17-18.
101 Statutes Affected:
102 Considered: N.D.C.C. §§ 12.1-32-08, 27-20-17, 27-20-31, 27-20-32, 27-20- 103 31.2, 27-20-33. 104 Cross Reference: N.D. Sup. Ct. Admin. R. 56 (Juvenile Drug Court
105 Advisory Committee).