This text of North Dakota § 27-20.4-15 (Predispositional assessment (Effective through January 1, 2027)) 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 the disposition hearing, the court shall direct the director or designee, to
conduct a predisposition assessment and to prepare a written report for the court,
unless waived by the court.
2.The predisposition assessment must consist of a risk and needs assessment together
with any other appropriate screenings.
3.During the pendency of any proceeding the court may order:
a.The child to be examined at a suitable place by a physician, psychologist, or
certified addiction counselor;
b.The child to be tested by appropriate forensic methods to determine whether the
child has been exposed to a controlled substance or other substance considered
injurious to the child's health;
c.Medical or surgical treatment of a child who is suffering from a serious physical
condition or illness, o
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1. Before the disposition hearing, the court shall direct the director or designee, to
conduct a predisposition assessment and to prepare a written report for the court,
unless waived by the court.
2. The predisposition assessment must consist of a risk and needs assessment together
with any other appropriate screenings.
3. During the pendency of any proceeding the court may order:
a. The child to be examined at a suitable place by a physician, psychologist, or
certified addiction counselor;
b. The child to be tested by appropriate forensic methods to determine whether the
child has been exposed to a controlled substance or other substance considered
injurious to the child's health;
c. Medical or surgical treatment of a child who is suffering from a serious physical
condition or illness, or alcohol or drug abuse, which in the opinion of a licensed
physician requires prompt treatment, even if the parent, guardian, or other
custodian has not been given notice of a hearing, is not available, or without good
cause informs the court of that person's refusal to consent to the treatment;
d. An evidence-based risk and needs assessment, mental health screening, or
trauma screening; or
e. The child to be examined to determine the child's competence or criminal
responsibility. If the child is found to lack competency or criminal responsibility the
court may:
(1) Dismiss the delinquency proceedings against the child and order the release
of the child to the child's parent, guardian, or legal custodian upon
conditions considered appropriate by the court;
(2) Suspend the delinquency proceedings against the child for a period of up to
one year and order services be provided to the child as an outpatient or
inpatient, by commitment to an institution for persons with intellectual
disabilities or mental illness; or
(3) Dismiss the delinquency proceedings and direct that child in need of
protection proceedings be initiated.
Predispositional assessment. (Effective after January 1, 2027)
1. Before the disposition hearing, the court shall direct the director or designee, to
conduct a predisposition assessment and to prepare a written report for the court,
unless waived by the court.
2. The predisposition assessment must consist of a risk and needs assessment together
with any other appropriate screenings.
3. During the pendency of any proceeding the court may order:
a. The child to be examined at a suitable place by a physician, psychologist, or
certified addiction counselor;
b. The child to be tested by appropriate forensic methods to determine whether the
child has been exposed to a controlled substance or other substance considered
injurious to the child's health;
c. Medical or surgical treatment of a child who is suffering from a serious physical
condition or illness, or alcohol or drug abuse, which in the opinion of a licensed
physician requires prompt treatment, even if the parent, guardian, or other
custodian has not been given notice of a hearing, is not available, or without good
cause informs the court of that person's refusal to consent to the treatment; or
d. An evidence-based risk and needs assessment, mental health screening, or
trauma screening.