§ 27-21-06 — Division of juvenile services to contract with facilities in other states for care

care.
1. The division of juvenile services may contract and make placements with the
appropriate agencies or departments of other states in order that they may receive
care of committed children for career and technical education, training, or other
treatment and rehabilitation purposes contemplated by this chapter. Before contracting
with any agency or department of another state, the director of the division, or the
director's designee, shall assess the facilities that are offered by such department or
agency, and, after contracting, forward to the committing juvenile court a summary on
the facilities that are furnished by such agency or department and such other
information pertaining thereto as may reasonably be requested.
2. Any contract or placement entered into must provide for:
a. Its duration.
b. Payments to be made to the other state for maintenance and extraordinary
medical and dental expenses of children received, and for participation in or

receipt of rehabilitative or correctional services, facilities, programs, or treatment
not reasonably included as part of normal maintenance.
c. Participation in programs of youth employment, the crediting of payments
received by children on account thereof, and the crediting of proceeds from the
disposal of any products resulting from such programs.
d. Transportation of children to and from the other state.
e. The right of the director, or the director's designee, to have at all reasonable
times access to any institution in which a child in its care may be placed, either
temporarily or otherwise, for the purpose of inspecting the facilities thereof and
visiting the child under commitment to the division of juvenile services.
f. The submission of reports by each institution in accordance with section 27-21-07
concerning the progress of treatment or rehabilitation of each child placed in its
care.
g. Such other matters as may be necessary and appropriate to fix the obligations,
responsibilities, and rights of both states.
Children under the custody of the division of juvenile services who are in the care of an
institution of another state are at all times subject to the jurisdiction of this state, and at any time
may be removed therefrom for change of placement as provided in section 27-21-02. All
children placed in care in another state must be treated in a reasonable and humane manner
and must be treated equally with other children placed in care in the same institution. Placement
of a child in another state does not deprive the child of any legal rights the child would have had
if placed in an institution in this state.