§ 27-20.4-07 — Release or delivery to court

North Dakota § 27-20.4-07

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-20.4: Delinquency

Text

1. A person taking a child into custody, with all reasonable speed and without first taking
the child elsewhere, shall:
a. Complete the detention screening instrument and use the results in making a
release or hold decision. Release options include allowing a child to return home
with parental supervision and a promise to appear for court if notified, or release
with limited supervision, such as an electronic monitoring device or conditions for
home confinement.
b. Release the child to the child's parent, guardian, custodian, or other responsible
adult able and willing to assume custody of the child, upon that individual's
promise to bring the child before the court if requested by the court, unless the
child's detention is warranted or required under section 27-20.4-05; or
c. Bring the child before the court or deliver the child to a detention facility
designated by the court or to a medical facility if the child is believed to suffer
from a serious physical condition or illness that requires prompt treatment. The
person taking the child into custody promptly shall give notice of taking the child
into custody, together with a statement of the reason for taking the child into
custody, to a parent, guardian, or other custodian and to the court. Any temporary
detention or questioning of the child necessary to comply with this subdivision
must conform to the procedures and conditions prescribed by this chapter and
rules of court.
2. If a parent, guardian, or other custodian, if requested, fails to bring the child before the
court as provided in subsection 1, the court may issue a pick up and hold order
directing that the child be taken into custody and brought before the court.
3. If the petition is not filed within five days after the date of the detention hearing, the
child must be released from detention.