TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: September 11, 2014
RE: Rule 10, N.D.R.Juv.P., Presence, Default
The board proposes that Rule 10 (a) be amended to clarify that the child has the right to be present at hearings in continued foster care matters under N.D.C.C. § 27-20-30.1, but the parents, guardian, or custodian of the child are not required to appear at these hearings.
In addition, the board proposes that Rule 10 be amended to add a new subdivision (d) allowing interactive television, telephone, or other reliable electronic means to be used in proceedings involving children who have legal representation. The board endorses the committee's proposed amendments to N.D. Sup. Ct. Admin. R. 52 and recommends that the standards in Admin. Rule 52 be applied when contemporaneous transmission by reliable electronic means is used in a juvenile case.
A copy of the proposed amendments is attached.