RULE 4. INTERESTED PERSONS
Effective Date: 7/1/2021
Persons who may participate in a juvenile matter include:
(1) the parties as defined in Rule 3(b);
(2) the child's guardian ad litem;
(3) the victim to the extent required by N.D. Const. Art. I, § 25 in a delinquency case, if requested by the victim;
(4) in the case of an Indian child, and in accordance with N.D.C.C. § 27-20.2-15 and the Indian Child Welfare Act of 1978 [25 U.S.C. §§ 1901 through 1963], the child's Indian custodian and Indian tribe through the tribal representative;
(5) in the case of a foster child, the child's foster parents, pre-adoptive parents and relatives providing care for the child;
(6) any other person who is named by the court to be important to a resolution that is in the best interests of the child.
Rule 4 was adopted effective March 1, 2010. Amended effective May 1, 2017; July 1, 2021.
In these rules, the term "guardian ad litem" includes lay and attorney guardians ad litem.
Paragraph (3) was added, effective May 1, 2017, to allow a victim, on request, to take part in a delinquency case. "Victim" is defined in N.D. Const. Art. I, § 25(4).
Paragraph (4) was amended, effective July 1, 2021, to reference N.D.C.C. § 27-20.2-15 and the Indian Child Welfare Act of 1978 [25 U.S.C. §§ 1901 through 1963].
SOURCES: Juvenile Policy Board Minutes of June 11, 2021; February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007. Joint Procedure Committee Minutes of January 26-27, 2017, pages 14-15; May 21-22, 2009.
STATUTES AFFECTED:
CONSIDERED: N.D. Const. Art. I, § 25; N.D.C.C. ch. 12.1-35; § 27-20.2-15.
CROSS REFERENCE: N.D.R.Juv.P. 3 (Contents of Petition).