This text of North Dakota § 27-20.4-11 (Informal adjustment) 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.Before a petition is filed, the director of juvenile court, or other officer of the court
designated by the court, subject to direction of the court may give counsel and advice
to the parties and impose conditions for the conduct and control of the child in lieu of
further proceedings with a view to an informal adjustment if it appears:
a.The admitted facts bring the case within the jurisdiction of the court;
b.Counsel, advice, and conditions, if any, for the conduct and control of the child
without an adjudication would be in the best interest of the public and the child;
and
c.The child and the child's parents, guardian, or other custodian consent to the
conditions with knowledge that consent is not obligatory.
2.A child referred to the court may be considered for informal adjustm
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1. Before a petition is filed, the director of juvenile court, or other officer of the court
designated by the court, subject to direction of the court may give counsel and advice
to the parties and impose conditions for the conduct and control of the child in lieu of
further proceedings with a view to an informal adjustment if it appears:
a. The admitted facts bring the case within the jurisdiction of the court;
b. Counsel, advice, and conditions, if any, for the conduct and control of the child
without an adjudication would be in the best interest of the public and the child;
and
c. The child and the child's parents, guardian, or other custodian consent to the
conditions with knowledge that consent is not obligatory.
2. A child referred to the court may be considered for informal adjustment if any of the
following criteria are met:
a. The child has no prior formal court adjudications for a similar case type within the
last twelve months;
b. The referral is for a delinquent act and the child has not been previously diverted
more than twice by the juvenile court;
c. A formal petition was filed but an informal adjustment has been requested by the
state's attorney as part of an agreement with defense counsel or was ordered by
the court in dismissing a formal petition;
d. The referral is a sex offense referral that could require sex offender registration
but both the state's attorney and the victim have agreed to an informal adjustment
to address the matter; or
e. The referral is from the division.
3. Reasonable written notice of the informal adjustment is given by the court to the victim
if one is identified on the referral.
4. Upon an admission to the referred offense, the director of juvenile court or designee
will conduct a preliminary risk and needs assessment and the results must be made
available to the child and family. The results of the risk and needs assessment are
used to inform the outcome of the informal adjustment. Individuals conducting the risk
and needs screening tool must receive training on the appropriate delivery and use of
the tool.
5. An informal agreement may not extend beyond six months from the day the
agreement was agreed upon. An extension may be granted by the court for an
additional period not to exceed six months. An extension may not authorize the
detention of the child if not otherwise permitted by this chapter. For a driving-related
offense, the agreement may include a restriction on the child's driving privileges as
allowed under section 27-20.4-19.1.
6. An incriminating statement made by a child to the juvenile court director or designee
giving counsel, advice, or as part of the risk and need screening and assessment
process, may not be used against the child over objection in any proceeding.