RULE 10. PRESENCE, DEFAULT
1 (a) Presence.
2 (1) Child. The child has the right to be present at all delinquency,
3 unruly child and continued foster care hearings. The court may allow the child to
4 be present at other hearings. The child waives the right to be present if the child
5 voluntarily and without justification is absent after the hearing has commenced or
6 if the child disrupts the proceedings.
7 (2) Counsel. If the child has counsel, counsel must be present at all
8 hearings. Counsel for the state must be present or available for all hearings unless
9 excused by the court.
10 (3) Parent, Guardian or Custodian.
The Except in a
continued foster care
11 matter under N.D.C.C. § 27-20-30.1, the parent, guardian or custodian of a child
12 must appear at all hearings unless excused by the court. If such person fails to
13 attend a hearing with the child without excuse, the court may order a law
14 enforcement officer to take the person into custody and bring the person before the
15 court. The court may hold the person in contempt. The court may proceed if it is in
16 the best interests of the child to do so even if the parent, guardian, or custodian
17 fails to appear.
18 (b) Default.
19 (1) If after being properly served with a summons or notice a parent,
20 guardian or custodian fails to appear at a hearing, the court may receive evidence
21 in support of the petition or reschedule the hearing.
22 (2) If the petition is proved by the applicable burden of proof, the court may
23 enter an order granting the relief sought in the petition.
24 (d) Presence by Electronic Means. In an action involving a represented
25 child, a judge or referee may conduct a hearing, conference, or other proceeding,
26 or take testimony, by using contemporaneous transmission by reliable electronic
28 EXPLANATORY NOTE
29 Rule 10 was adopted effective March 1, 2010; amended effective
31 Subdivision (a) was amended, effective________________, to clarify that
32 the child has the right to be present at hearings in continued foster care matters
33 under N.D.C.C. § 27-20-30.1, but the parents, guardian, or custodian of the child
34 are not required to appear at these hearings. Continued foster care matters involve
35 children over the age of 18 who can legally act on their own behalf.
36 Subdivision (c) was added, effective__________________, to allow
37 interactive television, telephone, or other reliable electronic means to be used in
38 proceedings involving children who have legal representation. The standards in
39 N.D. Sup. Ct. Admin. R. 52 apply when contemporaneous transmission by reliable
40 electronic means is used.
41 Sources: Juvenile Policy Board Minutes of ______________; February 20,
42 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008;
43 September 21, 2007; April 20, 2007.
44 Statutes Affected:
45 Superseded: N.D.C.C. § 27-20-22.
46 Considered: N.D.C.C. § 27-20-30.1.
47 Cross Reference: N.D. Sup. Ct. Admin. R. 52 (Contemporaneous
48 Transmission by Reliable Electronic Means).