North Dakota Code 27-20.4-15 – Predispositional assessment
1. Before the disposition hearing, the court shall direct the director or designee, to conduct a predisposition assessment and to prepare a written report for the court, unless waived by the court.
Terms Used In North Dakota Code 27-20.4-15
- 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
- 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
- year: means twelve consecutive months. See North Dakota Code 1-01-33
2. The predisposition assessment must consist of a risk and needs assessment together with any other appropriate screenings.
3. During the pendency of any proceeding the court may order:
a. The child to be examined at a suitable place by a physician, psychologist, or certified addiction counselor; b. The child to be tested by appropriate forensic methods to determine whether the child has been exposed to a controlled substance or other substance considered injurious to the child’s health; c. Medical or surgical treatment of a child who is suffering from a serious physical condition or illness, or alcohol or drug abuse, which in the opinion of a licensed physician requires prompt treatment, even if the parent, guardian, or other custodian has not been given notice of a hearing, is not available, or without good cause informs the court of that person‘s refusal to consent to the treatment; d. An evidence-based risk and needs assessment, mental health screening, or trauma screening; or
e. The child to be examined to determine the child’s competence or criminal responsibility. If the child is found to lack competency or criminal responsibility the court may:
(1) Dismiss the delinquency proceedings against the child and order the release of the child to the child’s parent, guardian, or legal custodian upon conditions considered appropriate by the court; (2) Suspend the delinquency proceedings against the child for a period of up to one year and order services be provided to the child as an outpatient or inpatient, by commitment to an institution for persons with intellectual disabilities or mental illness; or
(3) Dismiss the delinquency proceedings and direct that child in need of protection proceedings be initiated.