North Dakota § 27-20.5-09 Disposition (Effective after January 1, 2027)

North Dakota Statutes

§ 27-20.5-09 — Disposition (Effective after January 1, 2027)

North Dakota § 27-20.5-09

Title 27Judicial Branch of Government

Ch. 27-20.5Fitness to Proceed and Remediation of Juveniles

This text of North Dakota § 27-20.5-09 (Disposition (Effective after 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.

Bluebook

N.D. Cent. Code § 27-20.5-09 (2026).

Text

1.Except as otherwise provided in this section, upon receipt of a report by the tier 1a mental health professional that the minor lacks fitness to proceed and there is a substantial likelihood the minor is unable to be remediated within the period of the remediation order, the court may:

a.Dismiss the delinquency proceedings and release the minor to the minor's parent, legal guardian, or legal custodian; or

b.Retain jurisdiction and release the minor to the minor's parent, legal guardian, or legal custodian subject to mental health treatment or services under subsection 2.

2.The court may in its discretion order mental health services or other available services from a mental health provider be provided to the minor by a community mental health services program, the department of heal

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1. Except as otherwise provided in this section, upon receipt of a report by the tier 1a
mental health professional that the minor lacks fitness to proceed and there is a

substantial likelihood the minor is unable to be remediated within the period of the
remediation order, the court may:
a. Dismiss the delinquency proceedings and release the minor to the minor's parent,
legal guardian, or legal custodian; or
b. Retain jurisdiction and release the minor to the minor's parent, legal guardian, or
legal custodian subject to mental health treatment or services under subsection 2.
2. The court may in its discretion order mental health services or other available services
from a mental health provider be provided to the minor by a community mental health
services program, the department of health and human services, or another
appropriate mental health services provider, subject to the availability of inpatient or
outpatient care, for a period not to exceed sixty days.
a. The court retains jurisdiction over the minor throughout the duration of the order
and the juvenile court officer may assist with referrals, the assessment process,
and reporting to the court.
b. The entity providing services under this subsection shall determine necessary
mental health treatment or services.
3. No later than fourteen days before the expiration of the order for mental health
treatment or services under this subsection or subsection 2, a report by the juvenile
court officer must be provided to the court regarding the minor. The court shall review
the report and:
a. Renew the order for another period of mental health treatment or services not to
exceed sixty days. The order for mental health treatment or services and any
renewed order may not exceed a total of one hundred twenty days; or
b. Determine custody of the minor and dismiss the delinquency proceedings against
the minor.
4. If release to the minor's parent, legal guardian, or legal custodian is determined
inappropriate under subsection 1, the court may dismiss the delinquency proceeding
and direct proceedings under chapter 27-20.3.