North Dakota Code 27-20.4-11 – Informal adjustment
1. Before a petition is filed, the director of juvenile court, or other officer of the court designated by the court, subject to direction of the court may give counsel and advice to the parties and impose conditions for the conduct and control of the child in lieu of further proceedings with a view to an informal adjustment if it appears:
Terms Used In North Dakota Code 27-20.4-11
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- Sex: means the biological state of being male or female, based on the individual's nonambiguous sex organs, chromosomes, or endogenous hormone profiles at birth. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. The admitted facts bring the case within the jurisdiction of the court; b. Counsel, advice, and conditions, if any, for the conduct and control of the child without an adjudication would be in the best interest of the public and the child; and c. The child and the child’s parents, guardian, or other custodian consent to the conditions with knowledge that consent is not obligatory.
2. A child referred to the court may be considered for informal adjustment if any of the following criteria are met:
a. The child has no prior formal court adjudications for a similar case type within the last twelve months; b. The referral is for a delinquent act and the child has not been previously diverted more than twice by the juvenile court; c. A formal petition was filed but an informal adjustment has been requested by the state‘s attorney as part of an agreement with defense counsel or was ordered by the court in dismissing a formal petition; d. The referral is a sex offense referral that could require sex offender registration but both the state’s attorney and the victim have agreed to an informal adjustment to address the matter; or
e. The referral is from the division.
3. Reasonable written notice of the informal adjustment is given by the court to the victim if one is identified on the referral.
4. Upon an admission to the referred offense, the director of juvenile court or designee will conduct a preliminary risk and needs assessment and the results must be made available to the child and family. The results of the risk and needs assessment are used to inform the outcome of the informal adjustment. Individuals conducting the risk and needs screening tool must receive training on the appropriate delivery and use of the tool.
5. An informal agreement may not extend beyond six months from the day the agreement was agreed upon. An extension may be granted by the court for an additional period not to exceed six months. An extension may not authorize the detention of the child if not otherwise permitted by this chapter. For a driving-related offense, the agreement may include a restriction on the child’s driving privileges as allowed under section 27-20.4-19.
6. An incriminating statement made by a child to the juvenile court director or designee giving counsel, advice, or as part of the risk and need screening and assessment process, may not be used against the child over objection in any proceeding.