North Dakota Code 27-20.3-08 – Release or delivery to court
1. A person taking a child into protective custody, with all reasonable speed and without first taking the child elsewhere, shall:
Terms Used In North Dakota Code 27-20.3-08
- 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
a. Release the child to the child’s parent, guardian, custodian, or other responsible adult able and willing to assume custody of the child, upon that person’s promise to bring the child before the court if requested by the court, unless the child’s shelter care is warranted or required; or
b. Bring the child before the court or deliver the child to a shelter care facility designated by the court or to a medical facility if the child is believed to suffer from a serious physical condition or illness that requires prompt treatment. The person taking the child into custody promptly shall give notice of taking the child into custody, together with a statement of the reason for taking the child into custody, to a parent, guardian, or other custodian and to the court. Any questioning of the child necessary to comply with this subdivision must conform to the procedures and conditions prescribed by this chapter and rules of court.
2. If a parent, guardian, or other custodian, when requested, fails to bring the child before the court as provided in subsection 1, the court may issue a temporary custody order directing the child be taken into custody and brought before the court.
3. If the petition is not filed within thirty days from the date of protective custody, the child must be released from shelter care.