North Dakota Code 27-20.4-07 – Release or delivery to court
1. A person taking a child into custody, with all reasonable speed and without first taking the child elsewhere, shall:
Terms Used In North Dakota Code 27-20.4-07
- 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.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
a. Complete the detention screening instrument and use the results in making a release or hold decision. Release options include allowing a child to return home with parental supervision and a promise to appear for court if notified, or release with limited supervision, such as an electronic monitoring device or conditions for home confinement.
b. 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 individual‘s promise to bring the child before the court if requested by the court, unless the child’s detention is warranted or required under section 27-20.4-05; or
c. Bring the child before the court or deliver the child to a detention 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 temporary detention or 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, if requested, fails to bring the child before the court as provided in subsection 1, the court may issue a pick up and hold order directing that the child be taken into custody and brought before the court.
3. If the petition is not filed within five days after the date of the detention hearing, the child must be released from detention.