North Dakota Code 27-20.3-05 – Method of making a child in need of services referral
1. A referral alleging a child is a child in need of services may be made by a parent, guardian or other custodian, a law enforcement officer, a school official, or any other person that has knowledge of the facts alleged and believes such facts are true.
Terms Used In North Dakota Code 27-20.3-05
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
2. The referral must be set forth in writing and must set forth the following:
a. The name, date of birth, and residence address of the child alleged to be a child in need of services; b. The names and residence addresses of the parent, guardian or legal custodian, any other family members, or any other individuals living within the child’s home; c. The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by the child; and
d. Whether any of the matters required by this subsection are unknown.
3. If a school official is filing a referral alleging a child is a child in need of services, information must be included which shows:
a. The legally responsible school district has sought to resolve the expressed problem through all appropriate and available educational approaches; and
b. The school district has sought to engage the parent, guardian, or legal custodian of such child in solving the problem but such person has been unwilling or unable to do so, that the problem remains, and that court intervention is needed.
4. If a school official is filing a complaint alleging a child is a child in need of services involving a child who is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act of 1990 [20 U.S.C. § 1400 et seq.] or Section 504 of the federal Rehabilitation Act of 1973 [29 U.S.C. § 725], information must be included which demonstrates that the legally liable school district:
a. Has determined the child is eligible or suspected to be eligible under the federal Individuals with Disabilities Education Act of 1990 [20 U.S.C. § 1400 et seq.] or Section 504 of the federal Rehabilitation Act of 1973 [29 U.S.C. § 725]; and
b. Has reviewed for appropriateness the child’s current individualized education program and placement and has made modifications as appropriate.
5. A referral alleging that a child is a child in need of services under section 27-20.2-01 must be sent to the applicable human service zone.