1.    If a child is subject to nonjudicial adjustments under this chapter or is found to be delinquent under section 27-20.4-16, the juvenile court may require a substance use screening and subsequent programming to appropriately address:

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a.    A child who is found to have violated section 39-08-01 or equivalent; or

b.    If a child is found to have an alcohol concentration of at least two one-hundredths of one percent by weight at the time of performance of a test within two hours after driving or being in physical control of a motor vehicle.

2.    If a child is subject to informal adjustment under this chapter and is required to participate in the twenty-four seven sobriety program, the period of participation may not exceed six months.

3.    If a child required to participate in the twenty-four seven sobriety program under this section fails to comply with program requirements without being excused, the testing site shall notify the juvenile court and refer the child to the juvenile court for further disposition. The child may not be detained or otherwise taken into custody without authorization from the juvenile court.

    4.    If the juvenile court requires the child to participate in a juvenile drug court program, the juvenile court may waive the participation in the twenty-four seven sobriety program requirements of this section.