This text of North Dakota § 27-20.4-06 (Detention - Nonsecure care of child) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.A child taken into custody may not be detained or placed in nonsecure care before the
hearing on the petition unless the child's detention or nonsecure care is required to
protect the person or property of others or of the child or because the child may
abscond or be removed from the jurisdiction of the court or because the child has no
parent, guardian, or custodian or other person able to provide supervision and care for
the child and return the child to the court if required, or an order for the child's
detention or nonsecure care has been made by the court pursuant to this chapter.
2.Law enforcement, juvenile court staff, or division staff shall use a detention screening
tool to assure the appropriate use of detention and whether the child is a public safety
risk. The juvenile cour
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1. A child taken into custody may not be detained or placed in nonsecure care before the
hearing on the petition unless the child's detention or nonsecure care is required to
protect the person or property of others or of the child or because the child may
abscond or be removed from the jurisdiction of the court or because the child has no
parent, guardian, or custodian or other person able to provide supervision and care for
the child and return the child to the court if required, or an order for the child's
detention or nonsecure care has been made by the court pursuant to this chapter.
2. Law enforcement, juvenile court staff, or division staff shall use a detention screening
tool to assure the appropriate use of detention and whether the child is a public safety
risk. The juvenile court shall establish the detention screening tool, which must include
objective factors to aid in the decision of placement of the child. Law enforcement,
court records, and division records must include data on detention screening scores
and, if the score does not authorize detention, the explanation for the override
resulting in placing the juvenile in detention.
3. The court may place a juvenile in detention only if the court finds releasing the child
would pose a risk to public safety and that all less restrictive alternatives have been
considered.
4. A juvenile may be placed in a secure detention facility if one or more of the following
conditions are met:
a. The child is alleged to have committed an offense that if committed by an adult
would constitute a felony against person, felony weapon, or felony drug
distribution;
b. The child has a record of failure to appear in court or there is probable cause to
believe that the child will flee the jurisdiction of the court;
c. The child has violated the terms of detention release on home confinement or
electronic monitoring;
d. There is oral or written verification that the child is an alleged delinquent child
sought for an offense in another jurisdiction or that the child left a juvenile
detention facility without authorization;
e. The child is an out-of-state runaway subject to the rules of the interstate
commission on juveniles;
f. The child meets criteria for secure detention on the detention screening tool; or
g. The child meets criteria for an override on the detention screening tool.
5. A child may not be placed in detention:
a. Due to a lack of supervision alternatives, service options, or more appropriate
facilities;
b. Due to the community's inability to provide treatment or services;
c. Due to a lack of supervision in the home or community;
d. In order to allow a parent, guardian, or legal custodian to avoid his or her legal
responsibility;
e. Due to a risk of the juvenile's self-harm;
f. In order to attempt to punish, treat, or rehabilitate the child;
g. Due to a request by a victim, law enforcement, or the community; or
h. In order to permit more convenient administrative access to the juvenile.
6. Alternatives to secure detention may be utilized to include home confinement,
electronic monitoring, and parental or guardian supervision if the court determines
there is no unreasonable risk to public safety.
7. A child placed in detention must have a mental health and trauma screening tool
completed by the juvenile detention center or by juvenile court upon entry and provide
that information to the juvenile court before release or detention hearing.