RULE 10.2. ADMISSIONS

(a) In General. At any time after a petition is filed, a child may enter an admission to some or all of the delinquent acts charged.

(b) Admission. Advisement to Child.

(1) The juvenile court may not accept an admission without first, by addressing the child personally, informing the child of and determining that the child understands the following:

(A) the right to deny the allegation(s) that a delinquent act was committed, or having already denied any offense, to persist in that denial;

(B) the right to a hearing before a judge or judicial referee and understands what occurs at a hearing;

(C) the right to be represented by counsel at every stage of the proceeding and, if applicable, the right to have the counsel provided under N.D.C.C. § 27-20.2-12;

(D) the right at a hearing to confront and cross-examine adverse witnesses, to be protected from compelled self-incrimination, to testify and present evidence, and to compel the attendance of witnesses;

(E) the child’s waiver of these rights if the court accepts an admission;

(F) the nature of each offense to which the child is admitting and understands what it means to admit; and

(G) whether there are any other concerns apparent to the court after such inquiry that should be answered.

(2) Ensuring the Admission is Voluntary. Before accepting an admission, the court must address the child personally, and determine that the admission is voluntary and did not result from force, threats, or promises other than promises in the terms of an admission.

(3) Determining the Factual Basis for an Admission. Before entering an order of adjudication on an admission, the court must determine that there is a factual basis.

(4) Acknowledgment by Child. Before entering an order of adjudication on admission, the court must determine the child acknowledges facts exist that support the admission.

(5) Disposition. The court must determine the child understands the court’s authority to make a disposition if the court accepts the admission, including:

(A) the authority to impose a disposition necessary to ensure the child receives appropriate treatment or rehabilitation, repair harm caused to the victim or community, ensure safety of the community, such order may include: the periodic testing for the use of illicit drugs or alcohol, treatment, participation in a juvenile drug court program, probation supervision and conditions, suspension of driving privileges, commitment to the division of juvenile services, monetary restitution, community service, or may order a child over eighteen years of age to serve a term of probation under the supervision of the department of corrections and rehabilitation,

(B) the potential for offender registration, for the loss of firearm possession rights, and that a juvenile who is not a United States citizen may be removed from the United States, denied citizenship, and denied admission to the United States in the future, and

(C) the potential for enhanced penalties for a subsequent delinquent act or offense committed as an adult.

(c) Withdrawing an Admission. The child may, on the record or by written motion filed with the court, request to withdraw an admission. The court may allow the child to withdraw an admission:

(1) before disposition, if it is fair and just to do so, giving due consideration to the reasons the child gives and any prejudice that withdrawal of the admission would cause because of actions taken in reliance on the child’s admission; or

(2) at any time, upon showing that withdrawal is necessary to correct a manifest injustice.