North Dakota § 27-20.4-16 Adjudication

North Dakota Statutes

§ 27-20.4-16 — Adjudication

North Dakota § 27-20.4-16

Title 27Judicial Branch of Government

Ch. 27-20.4Delinquency

This text of North Dakota § 27-20.4-16 (Adjudication) 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.

Bluebook

N.D. Cent. Code § 27-20.4-16 (2026).

Text

1.If the court finds by proof beyond a reasonable doubt that the child committed the acts by reason of which the child is alleged to be delinquent, the court shall proceed immediately or at a postponed hearing to hear evidence as to whether the child is in need of treatment or rehabilitation and to make and file findings. In the absence of evidence to the contrary, evidence of the commission of which constitute a felony is sufficient to sustain a finding that the child is in need of treatment or rehabilitation. If the court finds that the child is not in need of treatment or rehabilitation, the court shall dismiss the proceeding and discharge the child from any detention or other restriction previously ordered.

2.After hearing the evidence on the petition, the court shall make and file f

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1. If the court finds by proof beyond a reasonable doubt that the child committed the acts
by reason of which the child is alleged to be delinquent, the court shall proceed
immediately or at a postponed hearing to hear evidence as to whether the child is in
need of treatment or rehabilitation and to make and file findings. In the absence of
evidence to the contrary, evidence of the commission of which constitute a felony is
sufficient to sustain a finding that the child is in need of treatment or rehabilitation. If
the court finds that the child is not in need of treatment or rehabilitation, the court shall
dismiss the proceeding and discharge the child from any detention or other restriction
previously ordered.
2. After hearing the evidence on the petition, the court shall make and file findings as to
whether the child is delinquent and whether the acts ascribed to the child were
committed by the child. If the court finds the allegations of delinquent conduct have not
been established, the court shall dismiss the petition and order the child discharged
from any detention or other restriction previously ordered in the proceeding.
3. In hearings under subsection 1, all evidence helpful in determining the questions
presented, including the predisposition assessment and any other oral and written
reports, may be received by the court and relied upon to the extent of its probative
value even though not otherwise competent in the hearing on the petition. The parties
or the counsel of the parties must be afforded an opportunity to examine and
controvert written reports so received and to cross-examine individuals making the
reports. Sources of confidential information need not be disclosed.
4. On motion of the court or that of a party, the court may continue the hearings under
this section for a reasonable period to receive reports and other evidence bearing on
the disposition or the need for treatment or rehabilitation. In this event the court shall
make an appropriate order for detention of the child or the child's release from
detention subject to supervision of the court during the period of the continuance. In
scheduling investigations and hearings the court shall give priority to proceedings in
which a child is in detention or has otherwise been removed from the child's home
before an order of disposition has been made.