§ 27-20.3-10 — Release from shelter care - Hearing - Conditions of release

North Dakota § 27-20.3-10

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-20.3: Child Welfare

Text

1. If a child is brought before the court or delivered to a shelter care or certified shelter
care facility, the human service zone immediately shall make an investigation and
release the child unless it appears that the child's shelter care is warranted or required
under section 27-20.3-07. If there is reason to believe the child may be an Indian child
and the federal Indian Child Welfare Act of 1978 [25 U.S.C. 1901 through 1963] may
apply, the judge or referee may order the child be placed under the custody of the
human service zone for a maximum of thirty days from the date of the emergency
removal upon finding:
a. A return of the child to the parent or Indian custodian would subject the child to
imminent danger or harm;
b. The court has been unable to transfer the proceeding to the appropriate Indian
tribe; or
c. Holding an adjudicatory hearing is not possible.
2. If the child is not released, a judge or referee shall hold a shelter care hearing promptly
and not later than ninety-six hours after the child is placed in shelter care to determine
whether there is probable cause to believe that the child is in need of protection and
whether the child's shelter care is required under section 27-20.3-07. Reasonable
notice, either oral or written, stating the time, place, and purpose of the shelter care
hearing must be given to the child and, if able to be found, to the child's parents,
guardian, or other custodian. Before the commencement of the hearing, the court shall
inform the parties of the rights of the parties to counsel and to counsel at public
expense if the parties are indigent.
3. If continued shelter care is required, the judge or referee may order that the child be
kept in shelter care for no more than sixty days from the date the child was placed in
shelter care.
4. As a condition to the child's release from shelter care, the court may order a parent,
guardian, custodian, or any other member of the household in which the child resides
to vacate the child's residence if probable cause exists to believe that the parent,
guardian, custodian, or other member of the household has committed a sexual
offense with or against the child, pursuant to sections 12.1-20-03 through 12.1-20-07
or section 12.1-20-11, and the presence of the alleged sexual offender in the child's
residence presents a danger to the child's life or physical, emotional, or mental health.
The court may order that the parent, guardian, or custodian not allow contact with an
identified person if the court determines the order is in the best interests of the child.
5. If the child is not released and a parent, guardian, or custodian has not been notified of
the hearing, did not appear or waive appearance at the hearing, and files an affidavit
showing these facts, the court shall rehear the matter without unnecessary delay and
order the child's release, unless it appears from the hearing that the child's shelter
care is required under section 27-20.3-07.