N.D. Cent. Code § 27-23-04 — ND Code / Title 27 / Chapter 27-23 / Section 27-23-04
27-23-04. Cooperation with, and assistance and information to, commission
Status: in_force

27-23-04. Cooperation with, and assistance and information to, commission

State and local governmental bodies and departments, officers and employees thereof, and

officials, officers, and employees of the courts of this state shall cooperate with and give

reasonable assistance and information to the commission and any authorized representative

thereof, in connection with any investigations or proceedings within the jurisdiction of the

commission.
N.D. Cent. Code § 27-19.1-04 — ND Code / Title 27 / Chapter 27-19.1 / Section 27-19.1-04
27-19.1-04. Voluntary proceedings - Consent - Withdrawal
Status: in_force

27-19.1-04. Voluntary proceedings - Consent - Withdrawal

1. A voluntary consent by a parent or Indian custodian to a foster care placement of an

Indian child is not valid unless the consent or delegation is executed in writing,

recorded before a judge, and accompanied by a written certification by the judge that

the terms and consequences of the consent or delegation were fully explained in detail

to and were fully understood by the parent or Indian custodian. The judge also shall

certify the parent or Indian custodian fully understood the explanation in English or that

the explanation was interpreted into a language the parent or Indian custodian

understood. Any consent or delegation of powers given under this subsection before or

within ten days after the birth of the Indian child is not valid. A parent or Indian

custodian who has executed a consent or delegation of powers under this subsection

may withdraw the consent or delegation for any reason at any time, and the Indian

child must be returned to the parent or Indian custodian. A parent or Indian custodian

who has executed a consent or delegation of powers under this subsection also may

move to invalidate the out-of-home care placement.

2. A voluntary consent by a parent to a termination of parental rights under subdivision d

of subsection 1 of section 27-20.3-20 is not valid unless the consent is executed in

writing, recorded before a judge, and accompanied by a written certification by the

judge that the terms and consequences of the consent were fully explained in detail to

and were fully understood by the parent. The judge also shall certify the parent fully

understood the explanation in English or that the explanation was interpreted into a

language that the parent understood. Consent given under this subsection before or

within ten days after the birth of the Indian child is not valid. A parent who has

executed a consent under this subsection may withdraw the consent for any reason at

any time before the entry of a final order terminating parental rights, and the Indian

child must be returned to the Indian child's parent.
N.D. Cent. Code § 27-10-06 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-06
27-10-06. Contempt committed in presence of judge punishable summarily - Order imposing punishment
Status: repealed

27-10-06. Contempt committed in presence of judge punishable summarily - Order

imposing punishment.

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-11-24 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-24
27-11-24. Expenditure of state bar fund
Status: in_force

27-11-24. Expenditure of state bar fund

Moneys in the state bar fund must be used to pay:

1. The bar association of the state of North Dakota the sum required to be paid under

section 27-12-04;

2. The compensation and expenses allowed by law to each member and to the

secretary-treasurer of the state board of law examiners;

3. The expenses incurred by the state board of law examiners in conducting

examinations of applicants for admission to the bar of this state and expenses of the

board or a grievance committee of the supreme court in investigating charges

warranting the suspension or disbarment of members of the bar, or in prosecutions

brought and conducted before the supreme court for the discipline of such members;

4. The expenses incurred by the bar association of the state of North Dakota in

conducting investigations and prosecutions of proceedings instituted for the purpose of

protecting the public and the bar of North Dakota against unauthorized practice by

corporations, limited liability companies, or persons not licensed to practice law; and

5. The necessary expenses of conducting and supplying the offices of the state board of

law examiners.
N.D. Cent. Code § 27-20.2-04 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-04
27-20.2-04. Juvenile court personnel
Status: in_force

27-20.2-04. Juvenile court personnel

1. The supreme court may provide for the appointment by administrative and personnel

rules of the necessary juvenile court officers, clerical personnel, and other specialized

personnel within the limits of legislative appropriations to assist the juvenile court in

carrying out the juvenile probation and supervisor functions of the juvenile court.

2. Detention center facilities and personnel must be funded by the county.

3. All salaries, per diem, and other compensation payable to juvenile court personnel, all

necessary books, forms, stationery, office supplies and equipment, postage,

telephone, and travel, and other necessary expenses incurred in carrying out the

provisions of this chapter must be borne by the state, except for suitable quarters for

conducting official business and lights and fuel which must be funded by the county

and except as provided by subsection 1 of section 27-20.2-19.
N.D. Cent. Code § 27-05-14 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-14
27-05-14. Sixth judicial district - General terms
Status: repealed

27-05-14. Sixth judicial district - General terms

Repealed by S.L. 1947, ch. 229, § 2.
N.D. Cent. Code § 27-20.3-12 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-12
27-20.3-12. Petition - Who may prepare and file - Review
Status: in_force

27-20.3-12. Petition - Who may prepare and file - Review

A petition alleging a child in need of protection must be prepared, filed, and served upon the

parties by the state's attorney. A petition may also be prepared by any other person, including a

law enforcement officer, which has knowledge of the facts alleged or is informed and believes

the facts are true. A petition prepared by any person other than a state's attorney may not be

filed unless the director or the court has determined the filing of the petition is in the best interest

of the public and the child.
N.D. Cent. Code § 27-10-09 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-09
27-10-09. Papers to be served on person arrested for contempt
Status: in_force

27-10-09. Papers to be served on person arrested for contempt

When a person accused of contempt is arrested under a warrant of attachment, a copy of

the warrant and of the affidavit or report of a referee upon which it is issued must be served

upon the accused.
N.D. Cent. Code § 27-21-09 — ND Code / Title 27 / Chapter 27-21 / Section 27-21-09
27-21-09. Cooperation with other agencies and departments of the state - Right to inspect facilities of state institutions - Right to examine children
Status: in_force

27-21-09. Cooperation with other agencies and departments of the state - Right to

inspect facilities of state institutions - Right to examine children.

1. The division of juvenile services may enter contracts with service providers as

necessary to meet the mission of the division.

2. The division of juvenile services shall cooperate with and receive the cooperation of

the department of health and human services, the department of public instruction, the

department of career and technical education, the juvenile courts, and such other

agencies and departments of the state as may be necessary to carry out the

objectives of this chapter.

3. The division of juvenile services may inspect at all reasonable times the facilities of

those institutions within the state it is authorized to utilize under this chapter, and may

examine any child it has placed in the care of such institution, and may contract with

public and private agencies to provide services for them or to retain from them

required services to meet the purpose and objective of this chapter.
N.D. Cent. Code § 27-04-10 — ND Code / Title 27 / Chapter 27-04 / Section 27-04-10
27-04-10. Sheriff acting as marshal liable on official bond
Status: repealed

27-04-10. Sheriff acting as marshal liable on official bond

Repealed by S.L. 1983, ch. 347, § 2.
N.D. Cent. Code § 27-11-04 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-04
27-11-04. Attorney's certificate of clerkship
Status: in_force

27-11-04. Attorney's certificate of clerkship

Superseded.
N.D. Cent. Code § 27-10-11 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-11
27-10-11. Duties of sheriff after arrest if undertaking not given by accused
Status: in_force

27-10-11. Duties of sheriff after arrest if undertaking not given by accused

When a person accused of contempt is arrested upon a warrant of attachment, the sheriff, if

the amount of the undertaking for the appearance of the accused is not endorsed on the

warrant, or if such an endorsement is made and an undertaking is not given as prescribed in

section 27-10-10, shall keep the accused in custody until the further direction of the court. When

from sickness or other cause the accused is physically unable to attend before the court, that

fact is a sufficient excuse to the sheriff for not producing the accused as required by the warrant.

In that case, the sheriff shall produce the accused as directed by the court after the accused

becomes able to attend. The sheriff in any case need not confine the accused in prison or

otherwise restrain the accused except so far as is necessary in order to secure the accused's

personal attendance.
N.D. Cent. Code § 27-20.4-20 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-20
27-20.4-20. Restitution
Status: in_force

27-20.4-20. Restitution

1. In addition to a child being ordered to make restitution under section 27-20.4-17, a

parent of a child adjudged delinquent may be ordered to make restitution on the child's

behalf in an amount not exceeding five thousand dollars.

2. Before ordering parental restitution under this section, the court shall hold a hearing on

the matter with notice given to all interested parties as to the nature and amount of the

parental restitution. In determining whether to order parental restitution, the court shall

take the following factors into account:

a. The ability of the parent or parents to pay monetary restitution and the care and

control exercised by the parents.

b. The ability of the child to pay monetary restitution.

c. Whether ordering parental restitution would detract from the child's treatment,

rehabilitation, or welfare.

d. The number of delinquent acts, if any, previously committed by the child.

3. A parental order of restitution must be limited to those damages directly related to the

delinquent act and expenses actually incurred as a result of the delinquent act.

4. Unless the court directs otherwise, any order of restitution under this section or section

27-20.4-16 may be filed, transcribed, and enforced by the juvenile court or person

entitled to the restitution in the same manner as civil judgments rendered by the courts

of this state may be enforced. A child against whose parents a judgment may be

entered under this section is jointly and severally liable with that child's parents for the

amounts up to five thousand dollars and solely liable for any amounts over that

amount. Any judgment rendered under this section may not be discharged in

bankruptcy and is not subject to the statutes of limitation provided for in chapter 28-01

and the judgment may not be canceled under section 28-20-35.
N.D. Cent. Code § 27-11-01 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-01
27-11-01. Practicing law and serving on courts of record without certificate of admission and without payment of annual license fee prohibited - Penalty
Status: in_force

27-11-01. Practicing law and serving on courts of record without certificate of

admission and without payment of annual license fee prohibited - Penalty.

Except as otherwise provided by state law or supreme court rule, a person may not practice

law, act as an attorney or counselor at law in this state, or commence, conduct, or defend in any

court of record of this state, any action or proceeding in which the person is not a party

concerned, nor may a person be qualified to serve on a court of record unless that person has:

1. Secured from the supreme court a certificate of admission to the bar of this state; and

2. Secured an annual license therefor from the state board of law examiners.

Any person who violates this section is guilty of a class A misdemeanor.
N.D. Cent. Code § 27-04-02 — ND Code / Title 27 / Chapter 27-04 / Section 27-04-02
27-04-02. Bond of supreme court reporter
Status: repealed

27-04-02. Bond of supreme court reporter

Repealed by S.L. 1999, ch. 113, § 24.
N.D. Cent. Code § 27-02-22 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-22
27-02-22. Majority of judges must concur in judgment - Effect if concurrence of majority is lacking
Status: in_force

27-02-22. Majority of judges must concur in judgment - Effect if concurrence of

majority is lacking.

The concurrence of a majority of the judges of the supreme court is necessary to pronounce

judgment. If a majority does not concur, the case must be reheard, but no more than two

rehearings may be had. If on the second rehearing a majority of the judges does not concur, the

judgment must be affirmed.
N.D. Cent. Code § 27-05-02.1 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-02.1
27-05-02.1. Vacancy in office of district judge - Transfer of judgeships - Hearing
Status: in_force

27-05-02.1. Vacancy in office of district judge - Transfer of judgeships - Hearing

1. Notwithstanding section 44-02-03, when a vacancy occurs in the office of district court

judge, the supreme court shall determine, within ninety days of receiving notice of the

vacancy from the governor and in consultation with the judges and attorneys in the

affected judicial district, whether that office is necessary for effective judicial

administration or whether the district judgeship may be transferred to another location

to fulfill a need for judicial services. The supreme court may, consistent with that

determination, order that:

a. The vacancy be filled in the manner provided pursuant to chapter 27-25;

b. The vacant office be transferred to a judicial district in which an additional judge is

necessary for effective judicial administration, and that the vacancy be filled in the

manner provided pursuant to chapter 27-25 with respect to that judicial district; or

c. The vacant office be abolished with or without transfer of a district judgeship as

provided in subsection 3.

2. For purposes of subsection 1, a vacancy is also only deemed to have occurred in the

office of district judge if the judge in the affected office declares the intention not to

seek re-election or if a judge fails to timely file a petition for candidacy with the

secretary of state pursuant to section 16.1-11-06. The secretary of state shall

immediately notify the supreme court if a judge fails to timely file a petition. The

supreme court may establish by rule procedures for providing notice of the intention

not to seek re-election. The supreme court, within ninety days of receiving notice of a

judge's intention not to seek re-election or within twenty-one days of receiving notice

that a judge has failed to timely file a petition for candidacy, shall determine whether

the office is necessary for effective judicial administration. The supreme court shall

consult with the judges and attorneys of the affected judicial district in making the

determination. The supreme court, consistent with that determination, may order any

disposition available under subsection 1. The supreme court shall notify the secretary

of state of its determination.

3. The supreme court may transfer a district judgeship to any location in which a judge is

necessary for effective judicial administration.

4. The supreme court shall notify the governor of its determinations made pursuant to

this section.
N.D. Cent. Code § 27-02-12 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-12
27-02-12. Proposal of new rules and amendments to rules of practice by attorneys
Status: repealed

27-02-12. Proposal of new rules and amendments to rules of practice by attorneys

Repealed by S.L. 1981, ch. 317, § 1.
N.D. Cent. Code § 27-10-01.4 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-01.4
27-10-01.4. Remedial sanctions - Punitive sanctions for nonsummary and summary procedure - Past conduct
Status: in_force

27-10-01.4. Remedial sanctions - Punitive sanctions for nonsummary and summary

procedure - Past conduct.

1. A court may impose one or more of the following remedial sanctions:

a. Payment of a sum of money sufficient to compensate a party or complainant,

other than the court, for a loss or injury suffered as a result of the contempt,

including an amount to reimburse the party for costs and expenses incurred as a

result of the contempt;

b. Imprisonment if the contempt of court is of a type included in subdivision b, c, d,

e, or f of subsection 1 of section 27-10-01.1. The imprisonment may extend for as

long as the contemnor continues the contempt or six months, whichever is

shorter;

c. A forfeiture not to exceed two thousand dollars for each day the contempt

continues;

d. An order designed to ensure compliance with a previous order of the court; or

e. A sanction other than the sanctions specified in subdivisions a through d if the

court expressly finds that those sanctions would be ineffectual to terminate a

continuing contempt.

2. a. A court, after a finding of contempt of court in a nonsummary procedure under

subdivision b of subsection 1 of section 27-10-01.3, may impose for each

separate contempt of court a fine not exceeding one thousand dollars,

imprisonment in the county jail for not more than one year, or both.

b. A court, after a finding of contempt of court in the summary procedure under

subsection 2 of section 27-10-01.3, may impose for each separate contempt of

court a fine of not more than five hundred dollars, imprisonment in the county jail

for not more than thirty days, or both.

3. A punitive sanction may be imposed for past conduct that was a contempt of court

even though similar present conduct is a continuing contempt of court.
N.D. Cent. Code § 27-11-06 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-06
27-11-06. State board of law examiners established - Appointment and qualifications of board members
Status: in_force

27-11-06. State board of law examiners established - Appointment and qualifications

of board members.

The state board of law examiners consists of at least three but no more than five members

appointed by the supreme court. At least three of the members of the board must be resident

licensed members of the bar. Each board member must be appointed from a list of nominees

submitted by the bar association of the state of North Dakota. The supreme court may return the

list to the bar association for additional nominees. If the bar association nominates a member for

reappointment, a list of nominees is not required unless requested by the supreme court.
N.D. Cent. Code § 27-05-11 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-11
27-05-11. Third judicial district - General terms
Status: repealed

27-05-11. Third judicial district - General terms

Repealed by S.L. 1947, ch. 229, § 2.
N.D. Cent. Code § 27-20.6-06 — ND Code / Title 27 / Chapter 27-20.6 / Section 27-20.6-06
27-20.6-06. Petition may not be brought in certain circumstances
Status: in_force

27-20.6-06. Petition may not be brought in certain circumstances

A petition for the re-establishment of the legal parent and child relationship may not be

brought if the genetic parent whose rights are the subject of the petition for re-establishment

previously has had parental rights terminated based on a:

1. Finding of sexual abuse; or

2. Conviction for intentional conduct that resulted in the substantial bodily injury or death

of a minor.
N.D. Cent. Code § 27-11-14 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-14
27-11-14. Payment of compensation and expenditures of state board of law examiners
Status: in_force

27-11-14. Payment of compensation and expenditures of state board of law

examiners.

All claims for compensation of members and officers of the state board of law examiners

and all claims for expenditures made by the board must be submitted to the office of

management and budget on sworn vouchers as required by law and must be paid by the state

treasurer out of the state bar fund.
N.D. Cent. Code § 27-10-17 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-17
27-10-17. Punishment for contempt no bar to criminal prosecution
Status: repealed

27-10-17. Punishment for contempt no bar to criminal prosecution

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-09.1-22 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-22
27-09.1-22. When jury panel to attend subsequent term
Status: in_force

27-09.1-22. When jury panel to attend subsequent term

A judge of the district court may, by order, require an undischarged jury panel summoned to

attend a term of the court to attend any subsequent general, special, or adjourned term of the

court not exceeding in all one calendar year.
N.D. Cent. Code § 27-20.3-21 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-21
27-20.3-21. Petition for termination of parental rights (Effective through July 31, 2027)
Status: in_force

27-20.3-21. Petition for termination of parental rights. (Effective through July 31,

2027)

1. As used in this section:

a. "A finding that the child has been subjected to child abuse or neglect" means:

(1) A finding of a child in need of protection made under this chapter, except as

provided in subdivision i of subsection 5 of section 27-20.3-01; or

(2) A conviction of a person, responsible for a child's welfare, for conduct

involving the child, under chapter 12.1-16 or sections 12.1-17-01 through

12.1-17-04 or 12.1-20-01 through 12.1-20-08.

b. "Compelling reason" means a recorded statement that reflects consideration of:

(1) The child's age;

(2) The portion of the child's life spent living in the household of a parent of the

child;

(3) The availability of an adoptive home suitable to the child's needs;

(4) Whether the child has special needs; and

(5) The expressed wishes of a child age ten or older.

c. "Department" means the department of health and human services.

d. "Human service zone" means a county or consolidated group of counties

administering human services within a designated area in accordance with an

agreement or plan approved by the department.

2. A petition for termination of parental rights must be prepared, filed, and served upon

the parties by the state's attorney. A petition may also be prepared by any other person

that is not the court, including a law enforcement officer, who has knowledge of the

facts alleged or is informed and believes that they are true. A petition prepared by any

person other than a state's attorney may not be filed unless the director or the court

has determined the filing of the petition is in the best interest of the public and the

child.

3. Except as provided in subsection 4, a petition for termination of parental rights must be

filed:

a. If the child has been in foster care, in the custody of the department, human

service zone, or, in cases arising out of an adjudication by the court of a child in a

delinquency case, the division of juvenile services, for at least four hundred fifty

out of the previous six hundred sixty nights;

b. Within sixty days after the court has found the child to be an abandoned infant; or

c. Within sixty days after the court has convicted the child's parent of one of the

following crimes, or of an offense under the laws of another jurisdiction which

requires proof of substantially similar elements:

(1) A violation of section 12.1-16-01, 12.1-16-02, or 12.1-16-03, or subsection 1

of section 14-09-22 in which the victim is another child of the parent;

(2) Aiding, abetting, attempting, conspiring, or soliciting a violation of section

12.1-16-01, 12.1-16-02, or 12.1-16-03 in which the victim is a child of the

parent; or

(3) A violation of section 12.1-17-02 in which the victim is a child of the parent

and has suffered serious bodily injury.

4. A petition for termination of parental rights need not be filed if:

a. The child is being cared for by a relative approved by the human service zone;

b. The human service zone has documented in the case plan a compelling reason

for determining that filing such a petition would not be in the child's best interests

and has notified the court that the documentation is available for review by the

court; or

c. The human service zone has determined:

(1) Reasonable efforts to preserve and reunify the family are required under

section 27-20.3-26 to be made with respect to the child;

(2) The case plan provides such services are necessary for the safe return of

the child to the child's home; and

(3) Such services have not been provided consistent with time periods

described in the case plan.

5. For purposes of subsection 3, a child in foster care entered foster care on the earlier

of:

a. The date of the court's order if the court:

(1) Made a finding that the child has been subjected to child abuse or neglect or

the child is in need of protection under subdivision i of subsection 5 of

section 27-20.3-01;

(2) Determined that it is unsafe or contrary to the welfare of the child to remain

in the home; and

(3) Granted custody of the child to the human service zone or, in cases arising

out of an adjudication by the court that a child is in need of services, the

division of juvenile services; or

b. The date that is sixty days after:

(1) The date of a hearing under section 27-20.3-10 which results in maintaining

a child in shelter care;

(2) The date of an order in a dispositional hearing under which a child is placed

in foster care; or

(3) The date a child is placed in foster care voluntarily and with the consent of

the child's parent.

6. For purposes of subsection 3, a child leaves foster care at the time:

a. The court enters an order:

(1) Denying a petition to grant care, custody, and control of the child to the

human service zone or the division of juvenile services;

(2) Terminating an order that granted custody of the child to the human service

zone or the division of juvenile services; or

(3) Appointing a legal guardian under chapter 27-20.1;

b. The court order under which the child entered foster care ends by operation of

law;

c. The child is placed in a parental home by the court or a legal custodian other than

the division of juvenile services and the legal custodian lacks authority to remove

the child without further order of the court; or

d. The child is placed in a parental home by the division of juvenile services.

7. For purposes of subsection 3, a child is not in foster care on any night during which the

child is:

a. On a trial home visit;

b. Receiving services at the youth correctional center pursuant to an adjudication of

delinquency; or

c. Absent without leave from the place in which the child was receiving foster care.

Petition for termination of parental rights. (Effective after July 31, 2027)

1. As used in this section:

a. "A finding that the child has been subjected to child abuse or neglect" means:

(1) A finding of a child in need of protection made under this chapter; or

(2) A conviction of a person, responsible for a child's welfare, for conduct

involving the child, under chapter 12.1-16 or sections 12.1-17-01 through

12.1-17-04 or 12.1-20-01 through 12.1-20-08.

b. "Compelling reason" means a recorded statement that reflects consideration of:

(1) The child's age;

(2) The portion of the child's life spent living in the household of a parent of the

child;

(3) The availability of an adoptive home suitable to the child's needs;

(4) Whether the child has special needs; and

(5) The expressed wishes of a child age ten or older.

c. "Department" means the department of health and human services.

d. "Human service zone" means a county or consolidated group of counties

administering human services within a designated area in accordance with an

agreement or plan approved by the department.

2. A petition for termination of parental rights must be prepared, filed, and served upon

the parties by the state's attorney. A petition may also be prepared by any other person

that is not the court, including a law enforcement officer, who has knowledge of the

facts alleged or is informed and believes that they are true. A petition prepared by any

person other than a state's attorney may not be filed unless the director or the court

has determined the filing of the petition is in the best interest of the public and the

child.

3. Except as provided in subsection 4, a petition for termination of parental rights must be

filed:

a. If the child has been in foster care, in the custody of the department, human

service zone, or, in cases arising out of an adjudication by the court of a child in a

delinquency case, the division of juvenile services, for at least four hundred fifty

out of the previous six hundred sixty nights;

b. Within sixty days after the court has found the child to be an abandoned infant; or

c. Within sixty days after the court has convicted the child's parent of one of the

following crimes, or of an offense under the laws of another jurisdiction which

requires proof of substantially similar elements:

(1) A violation of section 12.1-16-01, 12.1-16-02, or 12.1-16-03, or subsection 1

of section 14-09-22 in which the victim is another child of the parent;

(2) Aiding, abetting, attempting, conspiring, or soliciting a violation of section

12.1-16-01, 12.1-16-02, or 12.1-16-03 in which the victim is a child of the

parent; or

(3) A violation of section 12.1-17-02 in which the victim is a child of the parent

and has suffered serious bodily injury.

4. A petition for termination of parental rights need not be filed if:

a. The child is being cared for by a relative approved by the human service zone;

b. The human service zone has documented in the case plan a compelling reason

for determining that filing such a petition would not be in the child's best interests

and has notified the court that the documentation is available for review by the

court; or

c. The human service zone has determined:

(1) Reasonable efforts to preserve and reunify the family are required under

section 27-20.3-26 to be made with respect to the child;

(2) The case plan provides such services are necessary for the safe return of

the child to the child's home; and

(3) Such services have not been provided consistent with time periods

described in the case plan.

5. For purposes of subsection 3, a child in foster care entered foster care on the earlier

of:

a. The date of the court's order if the court:

(1) Made a finding that the child has been subjected to child abuse or neglect;

(2) Determined that it is unsafe or contrary to the welfare of the child to remain

in the home; and

(3) Granted custody of the child to the human service zone or, in cases arising

out of an adjudication by the court that a child is in need of services, the

division of juvenile services; or

b. The date that is sixty days after:

(1) The date of a hearing under section 27-20.3-10 which results in maintaining

a child in shelter care;

(2) The date of an order in a dispositional hearing under which a child is placed

in foster care; or

(3) The date a child is placed in foster care voluntarily and with the consent of

the child's parent.

6. For purposes of subsection 3, a child leaves foster care at the time:

a. The court enters an order:

(1) Denying a petition to grant care, custody, and control of the child to the

human service zone or the division of juvenile services;

(2) Terminating an order that granted custody of the child to the human service

zone or the division of juvenile services; or

(3) Appointing a legal guardian under chapter 27-20.1;

b. The court order under which the child entered foster care ends by operation of

law;

c. The child is placed in a parental home by the court or a legal custodian other than

the division of juvenile services and the legal custodian lacks authority to remove

the child without further order of the court; or

d. The child is placed in a parental home by the division of juvenile services.

7. For purposes of subsection 3, a child is not in foster care on any night during which the

child is:

a. On a trial home visit;

b. Receiving services at the youth correctional center pursuant to an adjudication of

delinquency; or

c. Absent without leave from the place in which the child was receiving foster care.
N.D. Cent. Code § 27-20.2-03 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-03
27-20.2-03. Jurisdiction
Status: in_force

27-20.2-03. Jurisdiction

1. The juvenile court has exclusive original jurisdiction of the following proceedings,

which are governed by this chapter:

a. Proceedings in which a child is alleged to be delinquent, or a child in need of

protection under this chapter or chapters 27-20.3 and 27-20.4;

b. Proceedings for the termination of parental rights except if a part of an adoption

proceeding;

c. Proceedings arising under section 27-20.3-16;

d. Civil forfeiture proceedings arising under chapter 19-03.1 or section 29-31.1-04

for which a child is alleged to have possessed forfeitable property. The juvenile

court shall conduct the proceedings in accordance with the procedures provided

for under sections 19-03.1-36 through 19-03.1-37; and

e. Proceedings for the guardianship of a child under chapter 27-20.1, except the

testamentary appointment of a guardian for a minor governed by chapter 30.1-27.

2. The juvenile court also has exclusive original jurisdiction of the following proceedings,

which are governed by the laws relating to those proceedings without regard to the

other provisions of this chapter:

a. Proceedings to obtain judicial consent to the marriage, employment, or enlistment

in the armed services of a child, if consent is required by law;

b. Proceedings under the interstate compact on juveniles;

c. Proceedings under the interstate compact on the placement of children; and

d. Proceedings arising under section 50-06-06.13 to obtain a judicial determination

that the placement of a severely emotionally disturbed child in an out-of-home

treatment program is in the best interests of the child.
N.D. Cent. Code § 27-10-03 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-03
27-10-03. Acts punishable as civil contempts
Status: repealed

27-10-03. Acts punishable as civil contempts

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-14-07 — ND Code / Title 27 / Chapter 27-14 / Section 27-14-07
27-14-07. Filing of accusations - Answer thereto
Status: in_force

27-14-07. Filing of accusations - Answer thereto

Upon the initiation of a disbarment proceeding, counsel charged with the prosecution

thereof shall file accusations and cause the same to be served as the court may direct. The

accused may plead to the accusations within the time for answer prescribed by the court.
N.D. Cent. Code § 27-02-25 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-25
27-02-25. Supreme court may call special terms for district courts - Court may designate judge to preside
Status: repealed

27-02-25. Supreme court may call special terms for district courts - Court may

designate judge to preside.

Repealed by S.L. 1981, ch. 316, § 2.
N.D. Cent. Code § 27-02.1-04 — ND Code / Title 27 / Chapter 27-02.1 / Section 27-02.1-04
27-02.1-04. Administration - Employees and clerical assistance - Court of record - Place of sessions (Effective through January 1, 2034)
Status: in_force

27-02.1-04. Administration - Employees and clerical assistance - Court of record -

Place of sessions. (Effective through January 1, 2034)

1. The clerk of the supreme court shall provide clerk services to panels of the temporary

court of appeals.

2. Panels of the temporary court of appeals may hold court in any place the panel

considers convenient and efficient for conducting its business.

3. All proceedings of the panels of the temporary court of appeals must be pursuant to

the rules adopted by the supreme court.
N.D. Cent. Code § 27-20.5-04 — ND Code / Title 27 / Chapter 27-20.5 / Section 27-20.5-04
27-20.5-04. Use of previous findings and records - Deflection (Effective after January 1, 2027)
Status: in_force

27-20.5-04. Use of previous findings and records - Deflection. (Effective after

January 1, 2027)

A minor who is found to lack fitness to proceed due to previous judicial findings of lack of

fitness to proceed or considerations from school, medical, or other records within the last twelve

months may have the delinquency proceedings dismissed before a fitness to proceed

examination or remediation services are administered.
N.D. Cent. Code § 27-20.1-06 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-06
27-20.1-06. Contents of petition to appoint guardian of a child
Status: in_force

27-20.1-06. Contents of petition to appoint guardian of a child

1. The petition must state that an order to appoint a guardian of a child is requested and

the effect will be as stated in section 27-20.1-13.

2. The petition must also contain information required by rule 3 of the North Dakota Rules

of Juvenile Procedure and include:

a. The name, address, and telephone number of the petitioner and the petitioner's

relationship to the child;

b. The full legal name and date of birth of the child, accompanied by a certified copy

of the child's birth certificate unless the petitioner shows good cause for why the

child's birth certificate is unavailable;

c. The name, last known address, and telephone number of the mother and the

name, last known address, and telephone number of the father, alleged father, or

presumed father;

d. If the name, last known address, or telephone number of the parents is not

included, detailed information concerning the efforts made to locate the parents;

e. The name, last known address, and telephone number of the persons having

parental rights or visitation rights and the name, address, and telephone number

of the persons or entity having the care, custody, or control of the child;

f. The names, current addresses, and telephone numbers of the persons with

whom the child currently lives;

g. The names, addresses, and telephone numbers of the persons with whom the

child has lived during the last five years;

h. The names of any siblings or half-siblings of the child and with whom each sibling

and half-sibling currently lives;

i. The name and address of the proposed guardian, if different from the petitioner;

j. The occupation and qualifications of the proposed guardian;

k. The names, addresses, and telephone numbers of the spouse, parents, adult

children, any adult siblings of the proposed guardian, and any adult who resides

with or may reside with the proposed guardian;

l. A brief description and the approximate value of the real and personal property

and income of the child, so far as they are known to the petitioner;

m. A brief description and the approximate value of any anticipated income of the

child;

n. A statement regarding each parent that:

(1) The parent is deceased, accompanied by a copy of the death certificate;

(2) The parent consents to the guardianship, accompanied by an affidavit of the

parent indicating consent and any limitations on the guardian's duties under

section 27-20.1-15;

(3) The parent's rights have been previously terminated, accompanied by a

certified copy of the court order terminating parental rights; or

(4) The parent has a child in need of protection as that term is defined under

section 27-20.1-01;

o. A statement whether the petitioner:

(1) Has participated, as a party, a witness, or in any other capacity, in any other

proceeding concerning the custody of or visitation with the child and, if so,

identify the court, the case number, and the date of the child custody

determination, if any; and

(2) Knows of any proceeding that could affect the current proceeding, including

proceedings for child support enforcement and proceedings relating to

domestic violence protective orders, termination of parental rights, and

adoptions and, if so, identify the court, the case number, and the nature of

the proceeding;

p. A statement setting forth the reasons why the petition is in the child's best

interests; and

q. A statement of whether the child is an Indian child as defined under Public

Law 95-608 [92 Stat. 3069; 25 U.S.C.1903]. If the child is an Indian child, the

petition must comply with the requirements of Public Law 95-608 [92 Stat. 3071;

25 U.S.C. 1911 et seq.].
N.D. Cent. Code § 27-02.1-05 — ND Code / Title 27 / Chapter 27-02.1 / Section 27-02.1-05
27-02.1-05. Chief judge (Effective through January 1, 2034)
Status: in_force

27-02.1-05. Chief judge. (Effective through January 1, 2034)

The chief justice of the supreme court shall designate a chief judge of each panel of the

temporary court of appeals who shall preside pursuant to rules of the supreme court.
N.D. Cent. Code § 27-20.2-05 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-05
27-20.2-05. Powers and duties of the director of juvenile court
Status: in_force

27-20.2-05. Powers and duties of the director of juvenile court

1. For the purpose of carrying out the objectives and purposes of this chapter and subject

to the limitations of this chapter or imposed by the court, a director shall:

a. Make investigations, reports, and recommendations to the juvenile court.

b. Receive and examine referrals and charges of delinquency or a child in need of

protection for the purpose of considering the commencement of proceedings

under this chapter.

c. Make a determination upon intake of referrals regarding the appropriate manner

to handle delinquent conduct or a child in need of protection by use of nonjudicial

adjustments or formal court processes.

d. Supervise and assist a child placed on probation for delinquency.

e. Make appropriate referrals to other private or public agencies of the community if

assistance of the agencies appears to be needed or desirable.

f. Issue a temporary custody order concerning a child who is referred to the

director's supervision or care as a delinquent or a child in need of protection.

Except as provided by this chapter, a director does not have the powers of a law

enforcement officer.

g. Take acknowledgments of instruments for the purpose of this chapter.

h. Make such temporary order not to exceed ninety-six hours for the custody and

control of a child alleged to be in need of protection as may be deemed

appropriate. The order must be reduced to writing within twenty-four hours,

excluding holidays and weekends.

i. Perform all other functions designated by this chapter or under section 27-05-30

or by order of the court pursuant to such law, including, if qualified, the order of a

referee.

j. Issue an order to a law enforcement authority to transport a child to and from a

specified location.

k. Receive and examine requests for review of a child's placement at a qualified

residential treatment program under the federal Family First Prevention Services

Act [Pub. L. 115-123; 132 Stat. 64; 42 U.S.C. 675].

l. Receive and examine petitions to establish, modify, or terminate a guardianship

of a minor under chapter 27-20.1.

m. Make a referral for the child's participation in the individual justice planning

process.

2. Any of the foregoing functions may be performed in another state if authorized by the

court of this state and permitted by the laws of the other state.
N.D. Cent. Code § 27-20.4-14 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-14
27-20.4-14. Conduct of hearings
Status: in_force

27-20.4-14. Conduct of hearings

1. Hearings under this chapter must be conducted by the court without a jury, in an

informal but orderly manner and separately from other proceedings not included in

section 27-20.2-03 and in accordance with the North Dakota Rules of Juvenile

Procedure.

2. If the hearing has not been held within the time limit, or any extension of the time limit,

required by the North Dakota Rules of Juvenile Procedure, the petition must be

dismissed.

3. The state's attorney shall present the evidence in support of any allegations of the

petition not admitted and otherwise conduct the proceedings on behalf of the state.

4. Except for a diversion under section 27-20.4-10 or an informal adjustment under

section 27-20.4-11, the proceedings must be recorded by stenographic notes or by

electronic, mechanical, or other appropriate means.

5. The general public must be excluded from all hearings under this chapter. During

hearings, only the parties, the parties' counsel, witnesses, victims, and any other

persons the court finds have a proper interest in the proceedings may be admitted by

the court. The court may temporarily exclude the child or other person from the hearing

if, after being warned by the court that disruptive conduct will cause removal from the

courtroom, the child or other person persists in conduct that justifies removal from the

courtroom.
N.D. Cent. Code § 27-10-23 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-23
27-10-23. Contempt of witness before notary public, officer, board, or tribunal
Status: in_force

27-10-23. Contempt of witness before notary public, officer, board, or tribunal

If a witness fails to attend for examination when duly required to do so, or refuses to be

sworn, or to answer as a witness, before a notary public or any other officer, board, or tribunal

authorized by law to require the witness's attendance for examination and to take testimony, the

notary public, officer, board, or tribunal shall certify that fact to the judge of the district court of

the county in which the witness resides or in which the witness may be present. The judge, by

order, then shall require the witness to attend an examination before the judge at a specified

time and place. Upon the return day of the order, the examination of the witness must be

conducted before the judge, and for the failure of the witness to attend, or to be sworn, or to

answer as a witness, or for a refusal of the witness to do any act required of the witness by law,

the witness may be punished as for a contempt in the manner provided in this chapter.
N.D. Cent. Code § 27-02-23 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-23
27-02-23. Decisions must be written - Filing - Requirement
Status: in_force

27-02-23. Decisions must be written - Filing - Requirement

The supreme court, in any case decided by it, shall give its decision in writing, which must

be filed with the clerk of said court with the other papers in the case. A decision in a case heard

at a general or special term, and all orders affecting the same, may be filed in vacation, and

judgment entered thereon in pursuance of the finding and order of the court with the same effect

as upon a decision made and filed in that term.
N.D. Cent. Code § 27-20.2-15 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-15
27-20.2-15. Indian child welfare - Active efforts and procedures
Status: in_force

27-20.2-15. Indian child welfare - Active efforts and procedures

1. As used in this section:

a. "Active efforts" means affirmative, active, thorough, and timely efforts intended

primarily to maintain or reunite an Indian child with the child's family. Active efforts

are required if the federal Indian Child Welfare Act of 1978 [25 U.S.C. 1901

through 1963] applies or may apply, including during the verification process. If an

agency is involved in the child-custody proceeding, active efforts must involve

assisting the parent or parents or Indian custodian through the steps of a case

plan and with accessing or developing the resources necessary to satisfy the

case plan. To the maximum extent possible, active efforts should be provided in a

manner consistent with the prevailing social and cultural conditions and way of

life of the Indian child's tribe and should be conducted in partnership with the

Indian child and the Indian child's parents, extended family members, Indian

custodians, and tribe. Active efforts are to be tailored to the facts and

circumstances of the case. The term includes:

(1) Conducting a comprehensive assessment of the circumstances of the Indian

child's family, with a focus on safe reunification as the most desirable goal,

with ongoing timely assessment to determine if the threat is resolved and

placement of the child can be returned to the custodian;

(2) Identifying appropriate services and helping the parents to overcome

barriers, including actively assisting the parents in obtaining such services;

(3) Identifying, notifying, and inviting representatives of the Indian child's tribe to

participate in providing support and services to the Indian child's family and

in family team meetings, permanency planning, and resolution of placement

issues;

(4) Conducting or causing to be conducted a diligent search for the Indian

child's extended family members, and contacting and consulting with

extended family members to provide family structure and support for the

Indian child and the Indian child's parents;

(5) Offering and employing available and culturally appropriate family

preservation strategies and facilitating the use of remedial and rehabilitative

services provided by the child's tribe;

(6) Taking steps to keep siblings together whenever possible;

(7) Supporting regular visits with parents or Indian custodians in the most

natural setting possible as well as trial home visits of the Indian child during

any period of removal, consistent with the need to ensure the health, safety,

and welfare of the child;

(8) Identifying community resources, including housing, financial, transportation,

mental health, substance abuse, and peer support services and actively

assisting the Indian child's parents or, if appropriate, the child's family, in

utilizing and accessing those resources;

(9) Monitoring progress and participation in services;

(10) Considering alternative ways to address the needs of the Indian child's

parents and if appropriate, the family, if the optimum services do not exist or

are not available; and

(11) Providing post-reunification services and monitoring.

b. "Extended family member" means a relationship defined by the law or custom of

the Indian child's tribe or, in the absence of such law or custom, means an

individual who has reached the age of eighteen and who is the Indian child's

grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece

or nephew, first or second cousin, or stepparent.

c. "Indian" means an individual who is a member of an Indian tribe, or who is a

native and a member of a regional corporation as defined in 43 U.S.C. 1606.

d. "Indian child" means an unmarried individual who is under the age of eighteen

and is either a member of an Indian tribe or is eligible for membership in an

Indian tribe and is the biological child of a member of an Indian tribe.

e. "Indian child's tribe" means the Indian tribe in which an Indian child is a member

or eligible for membership or, in the case of an Indian child who is a member of or

eligible for membership in more than one tribe, the Indian tribe with which the

Indian child has the more significant contacts.

f. "Indian custodian" means any Indian individual who has legal custody of an

Indian child under tribal law or custom or under state law or to whom temporary

physical care, custody, and control has been transferred by the parent of the

child.

g. "Indian tribe" means an Indian tribe, band, nation, or other organized Indian group

or community of Indians recognized as eligible for services provided to Indians by

the United States secretary of the interior because of their status as Indians,

including any Alaska native village as defined in 43 U.S.C. 1602(c).

h. "Parent" means any biological parent or parents of an Indian child or any Indian

individual who has lawfully adopted an Indian child, including adoptions under

tribal law or custom. The term does not include the unwed father if paternity has

not been acknowledged or established.

i. "Termination of parental rights" means any action resulting in the termination of

the parent-child relationship. The term does not include a placement based upon

an act by an Indian child which, if committed by an adult, would be deemed a

crime or a placement upon award of custody to one of the child's parents in a

divorce proceeding.

2. Before removal of an Indian child from the custody of a parent or Indian custodian for

purposes of involuntary foster care placement or the termination of parental rights over

an Indian child, the court shall find that active efforts have been made to provide

remedial services and rehabilitative services designed to prevent the breakup of the

Indian family and that these efforts have proved unsuccessful. The court may not order

the removal unless evidence of active efforts shows there has been a vigorous and

concerted level of casework beyond the level that would constitute reasonable efforts

under section 27-20.3-26. Reasonable efforts may not be construed to be active

efforts. Active efforts must be made in a manner that takes into account the prevailing

social and cultural values, conditions, and way of life of the Indian child's tribe. Active

efforts must utilize the available resources of the Indian child's extended family, tribe,

tribal and other relevant social service agencies, and individual Indian caregivers.

3. The court may order the removal of the Indian child for involuntary foster case

placement only if the court determines, by clear and convincing evidence, that

continued custody of the child by the parent or Indian custodian is likely to result in

serious emotional or physical damage or harm to the child. Evidence must show a

causal relationship between the particular conditions in the home and the likelihood

that continued custody of the child will result in serious emotional or physical damage

or harm to the particular child who is the subject of the proceeding. Poverty, isolation,

custodian age, crowded or inadequate housing, substance use, or nonconforming

social behavior does not by itself constitute clear and convincing evidence of imminent

serious emotional or physical damage or harm to the child. As soon as the threat has

been removed and the child is no longer at risk, the state should terminate the

removal, by returning the child to the parent while offering a solution to mitigate the

situation that gave rise to the need for emergency removal and placement.

4. The court may only order the termination of parental rights over the Indian child if the

court determines, by evidence beyond a reasonable doubt, that continued custody of

the child by the parent or Indian custodian is likely to result in serious emotional or

physical damage or harm to the child.

5. In considering whether to involuntarily place an Indian child in foster care or to

terminate the parental rights of the parent of an Indian child, the court shall require that

a qualified expert witness must be qualified to testify regarding whether the child's

continued custody by the parent or Indian custodian is likely to result in serious

emotional or physical damage or harm to the child and should be qualified to testify as

to the prevailing social and cultural standards of the Indian child's tribe. If the parties

stipulate in writing and the court is satisfied the stipulation is made knowingly,

intelligently, and voluntarily, the court may accept a declaration or affidavit from a

qualified expert witness in lieu of testimony. An individual may be designated by the

Indian child's tribe as being qualified to testify to the prevailing social and cultural

standards of the Indian child's tribe. The court or any party may request the assistance

of the Indian child's tribe or the bureau of Indian affairs office serving the Indian child's

tribe in locating individuals qualified to serve as expert witnesses. The social worker

regularly assigned to the Indian child may not serve as a qualified expert witness in

child-custody proceedings concerning the child. The qualified expert witness should be

someone familiar with the particular child and have contact with the parents to observe

interaction between the parents, child, and extended family members. The child

welfare agency and courts should facilitate access to the family and records to

facilitate accurate testimony.
N.D. Cent. Code § 27-09.1-13 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-13
27-09.1-13. Preservation of records
Status: in_force

27-09.1-13. Preservation of records

All records and papers compiled and maintained by the clerk in connection with selection

and service of jurors shall be preserved by the clerk as ordered by the state court administrator.
N.D. Cent. Code § 27-09.1-12 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-12
27-09.1-12. Challenging compliance with selection procedures
Status: in_force

27-09.1-12. Challenging compliance with selection procedures

1. Within seven days after the moving party discovered or by the exercise of diligence

could have discovered the grounds therefor, and in any event before the petit jury is

sworn to try the case, a party may move to stay the proceedings, and in a criminal

case to quash the indictment or information, or for other appropriate relief, on the

ground of a substantial failure to comply with this chapter in selecting the grand or petit

jury.

2. Upon motion filed under subsection 1 containing a sworn statement of facts which, if

true, would constitute a substantial failure to comply with this chapter, the moving party

is entitled to present in support of the motion the testimony of the clerk, any relevant

records and papers not public or otherwise available used by the clerk, and any other

relevant evidence. If the court determines that in selecting either a grand jury or a petit

jury there has been a substantial failure to comply with this chapter, the court shall stay

the proceedings pending the selection of the jury in conformity with this chapter, quash

an indictment or information, or grant other appropriate relief.

3. The procedures prescribed by this section are the exclusive means by which a person

accused of a crime, the state, or a party in a civil case may challenge a jury on the

ground that the jury was not selected in conformity with this chapter.

4. The contents of any records or papers used by the clerk in connection with the

selection process and not made public under this chapter shall not be disclosed,

except in connection with the preparation or presentation of a motion under subsection

1, until after all persons selected to serve as jurors have been discharged. The parties

in a case may inspect, reproduce, and copy the records or papers at all reasonable

times during the preparation and pendency of a motion under subsection 1.
N.D. Cent. Code § 27-15-05 — ND Code / Title 27 / Chapter 27-15 / Section 27-15-05
27-15-05. Duties
Status: in_force

27-15-05. Duties

The judicial conference shall:

1. Solicit, receive, and evaluate suggestions relating to the improvement of the

administration of justice.

2. Consider and make recommendations to the supreme court for changes in rules,

procedures, or any matter pertaining to the judicial system.

3. Coordinate continuing judicial education efforts for judges and support staff.

4. Establish methods for review of proposed legislation which may affect the operation of

the judicial branch.
N.D. Cent. Code § 27-05-32 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-32
27-05-32. District court supervised treatment programs - Roles and responsibilities
Status: in_force

27-05-32. District court supervised treatment programs - Roles and responsibilities

Under a district court supervised treatment program:

1. The department of corrections and rehabilitation shall supervise offenders sentenced

to supervised probation according to the policies and procedures of the department of

corrections and rehabilitation.

2. The department of health and human services shall oversee treatment services

according to the policies, procedures, and best practices of the department of health

and human services.

3. The district court shall provide judicial direction, guidance, and coordination within all

approved treatment and compliance related specialized dockets.
N.D. Cent. Code § 27-04-03 — ND Code / Title 27 / Chapter 27-04 / Section 27-04-03
27-04-03. Salary of supreme court reporter
Status: repealed

27-04-03. Salary of supreme court reporter

Repealed by S.L. 2019, ch. 251, § 1.
N.D. Cent. Code § 27-14-09 — ND Code / Title 27 / Chapter 27-14 / Section 27-14-09
27-14-09. Revocation and suspension
Status: in_force

27-14-09. Revocation and suspension

The revocation and suspension of an attorney's certificate of admission to the bar

constitutes a forfeiture of that individual's office as an attorney or counselor at law to practice in

the courts of this state so long as such revocation or suspension is in effect.
N.D. Cent. Code § 27-01-07 — ND Code / Title 27 / Chapter 27-01 / Section 27-01-07
27-01-07. Civil action fees - Waiver
Status: in_force

27-01-07. Civil action fees - Waiver

Any filing fees connected with any civil action to be heard in any of the courts of the judicial

system as listed in section 27-01-01 may be waived with or without a hearing, at the court's

discretion, by the filing of an in forma pauperis petition accompanied by a sworn affidavit of the

petitioner relating the pertinent information regarding indigency.
N.D. Cent. Code § 27-05-20 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-20
27-05-20. Acts of district judge are acts of court
Status: repealed

27-05-20. Acts of district judge are acts of court

Repealed by S.L. 1981, ch. 316, § 2.
N.D. Cent. Code § 27-05-02 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-02
27-05-02. Election and term of office of district judges
Status: in_force

27-05-02. Election and term of office of district judges

There must be elected in each judicial district of this state the number of judges for such

district provided for by law. Any judge so elected shall hold office for six years or until that

judge's successor is elected and has qualified.
N.D. Cent. Code § 27-20.3-05 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-05
27-20.3-05. Method of making a child in need of services referral
Status: in_force

27-20.3-05. Method of making a child in need of services referral

1. A referral alleging a child is a child in need of services may be made by a parent,

guardian or other custodian, a law enforcement officer, a school official, or any other

person that has knowledge of the facts alleged and believes such facts are true.

2. The referral must be set forth in writing and must set forth the following:

a. The name, date of birth, and residence address of the child alleged to be a child

in need of services;

b. The names and residence addresses of the parent, guardian or legal custodian,

any other family members, or any other individuals living within the child's home;

c. The name of any public institution or agency having the responsibility or ability to

supply services alleged to be needed by the child; and

d. Whether any of the matters required by this subsection are unknown.

3. If a school official is filing a referral alleging a child is a child in need of services,

information must be included which shows:

a. The legally responsible school district has sought to resolve the expressed

problem through all appropriate and available educational approaches; and

b. The school district has sought to engage the parent, guardian, or legal custodian

of such child in solving the problem but such person has been unwilling or unable

to do so, that the problem remains, and that court intervention is needed.

4. If a school official is filing a complaint alleging a child is a child in need of services

involving a child who is eligible or suspected to be eligible for services under the

federal Individuals with Disabilities Education Act of 1990 [20 U.S.C. 1400 et seq.] or

Section 504 of the federal Rehabilitation Act of 1973 [29 U.S.C. 725], information must

be included which demonstrates that the legally liable school district:

a. Has determined the child is eligible or suspected to be eligible under the federal

Individuals with Disabilities Education Act of 1990 [20 U.S.C. 1400 et seq.] or

Section 504 of the federal Rehabilitation Act of 1973 [29 U.S.C. 725]; and

b. Has reviewed for appropriateness the child's current individualized education

program and placement and has made modifications as appropriate.

5. A referral alleging that a child is a child in need of services under section 27-20.2-01

must be sent to the applicable human service zone.
N.D. Cent. Code § 27-20.3-02 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-02
27-20.3-02. Jurisdiction
Status: in_force

27-20.3-02. Jurisdiction

Jurisdiction as set forth in section 27-20.2-03 is applicable to this chapter.
N.D. Cent. Code § 27-20.4-11 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-11
27-20.4-11. Informal adjustment
Status: in_force

27-20.4-11. Informal adjustment

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.
N.D. Cent. Code § 27-11-23 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-23
27-11-23. Fees from annual licenses to be deposited in state bar fund
Status: in_force

27-11-23. Fees from annual licenses to be deposited in state bar fund

The secretary-treasurer of the state board of law examiners shall deposit and disburse all

fees and moneys collected by the board in accordance with section 54-44-12.
N.D. Cent. Code § 27-20.4-22 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-22
27-20.4-22. Court order required for removal of child
Status: in_force

27-20.4-22. Court order required for removal of child

An order of disposition or other adjudication in a proceeding under this chapter, in cases in

which a child is removed from the home of a parent, custodian, or guardian for the reason that

continuation in such home would be contrary to the welfare of the child, must specifically state

that a continuation of the child in the home of the parent, custodian, or guardian would be

contrary to the welfare of the child.
N.D. Cent. Code § 27-20.1-11 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-11
27-20.1-11. Appointment of guardian of a child
Status: in_force

27-20.1-11. Appointment of guardian of a child

1. The court may appoint a guardian of a child if the court finds by clear and convincing

evidence that the appointment is in the child's best interest and:

a. Both parents are deceased or the surviving parent's rights have been terminated

by a previous court order, but there has been no appointment of a guardian for

the child by will, the court has transferred the case to juvenile court without

appointment of a guardian, or the testamentary guardian failed to accept the

appointment under chapter 30.1-27;

b. The parents have consented in writing by affidavit;

c. All parental rights have been previously terminated; or

d. The child is a child in need of protection as defined under section 27-20.1-01.

2. The court may appoint as guardian any fit and willing person whose appointment

would be in the best interest of the child. If the court finds by clear and convincing

evidence that the child is of sufficient maturity to make a sound judgment, or the child

is age fourteen or older, the court may give substantial weight to the preference of the

child. The court shall give due consideration to other factors that may have affected

the child's preference, including whether the child's preference was based on

undesirable or improper influences.

3. The court may appoint a guardian as a dispositional alternative if a child has been

adjudicated as a child in need of protection or delinquent under chapter 27-20.2,

27-20.3, or 27-20.4.
N.D. Cent. Code § 27-15-04 — ND Code / Title 27 / Chapter 27-15 / Section 27-15-04
27-15-04. Meetings
Status: in_force

27-15-04. Meetings

The judicial conference shall meet at least twice in each year at such times and places as

fixed by the conference.
N.D. Cent. Code § 27-13-10 — ND Code / Title 27 / Chapter 27-13 / Section 27-13-10
27-13-10. When use of attorney's name permissible
Status: in_force

27-13-10. When use of attorney's name permissible

Whenever an action or proceeding is authorized by law to be prosecuted or defended in the

name of the state or of any public officer, board of officers, or municipal corporation, on behalf of

another party, the attorney general or state's attorney or attorney of such public officer, board, or

corporation may permit any proceeding therein to be taken in that attorney's name by an

attorney to be chosen by the party in interest.
N.D. Cent. Code § 27-21-08 — ND Code / Title 27 / Chapter 27-21 / Section 27-21-08
27-21-08. Planning - Development
Status: in_force

27-21-08. Planning - Development

The division of juvenile services shall provide treatment and rehabilitation programs and

services and aid in the development of new or improved means of prevention, control,

supervision, and management of children committed to its custody.
N.D. Cent. Code § 27-02-17 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-17
27-02-17. Issues of fact in original proceedings in supreme court may be sent to district court for trial
Status: in_force

27-02-17. Issues of fact in original proceedings in supreme court may be sent to

district court for trial.

If an issue of fact is joined, or an assessment of damages by a jury is necessary, in any

action or proceeding commenced in the supreme court, the court, in its discretion, may send the

same to some district court, and it there must be determined in the same manner as other

issues of fact are tried or other assessments are made, and a return thereof must be made as

directed by the supreme court. In such cases, the supreme court may order a special verdict to

be found and returned.
N.D. Cent. Code § 27-12-07 — ND Code / Title 27 / Chapter 27-12 / Section 27-12-07
27-12-07. No liability upon state created by provisions of chapter
Status: in_force

27-12-07. No liability upon state created by provisions of chapter

The provisions of this chapter do not create any liability on the part of the state of North

Dakota in excess of the payment made, as hereinbefore provided, out of the state bar fund.
N.D. Cent. Code § 27-02-15 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-15
27-02-15. Duties of clerks of district courts with reference to rules - Rules open to inspection
Status: repealed

27-02-15. Duties of clerks of district courts with reference to rules - Rules open to

inspection.

Repealed by S.L. 1981, ch. 317, § 1.
N.D. Cent. Code § 27-09.1-21 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-21
27-09.1-21. District courts and county courts may use each other's jury panels
Status: repealed

27-09.1-21. District courts and county courts may use each other's jury panels

Repealed by S.L. 1991, ch. 326, § 203.
N.D. Cent. Code § 27-02-27 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-27
27-02-27. Judicial emergency
Status: in_force

27-02-27. Judicial emergency

1. If the supreme court of this state declares a judicial emergency due to an emergency

or natural disaster that substantially endangers or infringes upon the normal

functioning of the judicial system, the ability of persons to avail themselves of the

judicial system, or the ability of litigants or others to have access to the courts or to

meet schedules or time deadlines imposed by law or court order, notice of the

declaration must be provided as required by supreme court rule.

2. An order declaring a judicial emergency may suspend, toll, extend, or otherwise grant

relief from deadlines, time schedules, statutes of limitations, statutes of repose, or

filing requirements imposed by law, whether in civil or criminal cases, administrative

matters, or any other legal proceedings as determined by the supreme court. An order

declaring a judicial emergency may not suspend, toll, extend, or otherwise grant relief

from deadlines, time schedules, or filing requirements that are required by the United

States Constitution or the Constitution of North Dakota.
N.D. Cent. Code § 27-21-12 — ND Code / Title 27 / Chapter 27-21 / Section 27-21-12
27-21-12. Division of juvenile services files and records confidentiality
Status: in_force

27-21-12. Division of juvenile services files and records confidentiality

1. The files and records of the division of juvenile services relating to a juvenile

committed to the division may not be disclosed directly or indirectly to any person,

organization, or agency, except as provided in this section.

2. Notwithstanding any other provisions of law relating to confidentiality, except for the

confidentiality requirements of federal drug and alcohol treatment and rehabilitation

laws, the division may disclose all or part of a juvenile's files and records, including

juvenile court orders, medical, psychological, education, and treatment and counseling

records, to individuals employed by the following if the knowledge is reasonably

necessary in the best interest of the juvenile and for the protection of others:

a. The district court or juvenile court.

b. A parent or legal guardian of the juvenile, the parent's or legal guardian's counsel,

or the juvenile's counsel, when the juvenile court has committed the juvenile to

the custody of the division of juvenile services, and the records are relevant to a

proceeding under chapter 27-20.4 or to a placement hearing under section

27-21-02.1, or when disclosure is necessary for the juvenile's treatment and

rehabilitation plan. If the juvenile court determines that it is against the best

interests of the juvenile to disclose records to a parent or legal guardian, the

juvenile court may issue an order prohibiting disclosure and describing the

records that may not be disclosed.

c. An employee or agent of any division of the department of corrections and

rehabilitation when necessary to carry out the duties of the department.

d. The department of health and human services or a human service zone.

e. A licensed hospital or medical facility, a public or private treatment facility, or a

residential care or treatment facility, when necessary for the evaluation,

treatment, or care of a juvenile in the custody of the division of juvenile services.

f. A law enforcement agency when the division has reasonable grounds to believe

the juvenile has committed a delinquent act or has threatened to commit a

delinquent act involving serious bodily injury, or when the juvenile is required to

register, or is registered, under section 12.1-32-15.

g. A school district or multidistrict special education program in which the juvenile is

enrolled.

h. The office of the attorney general.

i. The risk management division of the office of management and budget and

investigators, consultants, or experts retained by the state for the purpose of

investigating and defending claims under chapter 32-12.2.

3. A person, agency, or institution receiving information or records under this section may

not redisclose the information or records and shall maintain the confidentiality of the

information or records.

4. The division may disclose nonidentifying information for research and statistical

purposes.

5. The division may disclose the files and records of a juvenile under section 27-20.2-21.

6. The division shall disclose information to the extent necessary to comply with section

12.1-34-02.

7. In all other cases, records and files of the division of juvenile services relating to a

juvenile committed to its custody may only be open to inspection upon written leave of

the juvenile court upon a showing in writing of a legitimate interest, but only to the

extent necessary to respond to the legitimate interest.

8. The records of the division relating to an individual who is or has been in the custody

of the division may be disclosed to any court or probation staff for use in conducting a

presentence investigation in a criminal case in which the individual is a defendant.

9. The records of the division relating to an individual who is or has been in the custody

of the division may be disclosed to the United States social security administration

upon written authorization for disclosure by the individual's parent or legal guardian if

the individual is a child, or if the individual is no longer a child, by the individual.
N.D. Cent. Code § 27-19.1-01 — ND Code / Title 27 / Chapter 27-19.1 / Section 27-19.1-01
27-19.1-01. Active efforts and procedures - Definitions
Status: in_force

27-19.1-01. Active efforts and procedures - Definitions

1. As used in this chapter:

a. "Active efforts" means affirmative, active, thorough, and timely efforts intended

primarily to maintain or reunite an Indian child with the Indian child's family. If an

agency is involved in the child custody proceeding, active efforts must involve

assisting the parent or a parent or Indian custodian with the steps of a case plan

and including accessing or developing the resources necessary to satisfy the

case plan. To the maximum extent possible, active efforts should be provided in a

manner consistent with the prevailing social and cultural conditions and way of

life of the Indian child's tribe and should be conducted in partnership with the

Indian child and the Indian child's parents, extended family members, Indian

custodians, and tribe. Active efforts are to be tailored to the facts and

circumstances of the case. The term includes:

(1) Conducting a comprehensive assessment of the circumstances of the Indian

child's family, with a focus on safe reunification as the most desirable goal,

with ongoing timely assessment to determine when the threat is resolved

and placement of the Indian child can be returned to the custodian.

(2) Identifying appropriate services and helping a parent or Indian custodian to

overcome barriers, including actively assisting a parent or Indian custodian

in obtaining such services.

(3) Identifying, notifying, and inviting representatives of the Indian child's tribe to

participate in providing support and services to the Indian child's family and

in family team meetings, permanency planning, and resolution of placement

issues.

(4) Conducting or causing to be conducted a diligent search for the Indian

child's extended family members, and contacting and consulting with

extended family members to provide family structure and support for the

Indian child and the Indian child's parent or Indian custodian.

(5) Offering and employing available and culturally appropriate family

preservation strategies and facilitating the use of remedial and rehabilitative

services provided by the Indian child's tribe.

(6) Taking steps to keep siblings together, if possible.

(7) Supporting regular visits with a parent or Indian custodian in the most

natural setting possible as well as trial home visits of the Indian child during

any period of removal, consistent with the need to ensure the health, safety,

and welfare of the Indian child.

(8) Identifying community resources, including housing, financial, transportation,

mental health, substance abuse, and peer support services and actively

assisting the Indian child's parent or Indian custodian or, as appropriate, the

Indian child's family, in utilizing and accessing those resources.

(9) Monitoring progress and participation in services.

(10) Considering alternative ways to address the needs of the Indian child's

parent or Indian custodian and where appropriate, the family, if the optimum

services do not exist or are not available.

(11) Providing post-reunification services and monitoring.

b. "Adoptive placement" means the permanent placement of an Indian child for

adoption.

c. "Extended family member" means a relationship defined by the law or custom of

the Indian child's tribe or, in the absence of such law or custom, means an

individual who has reached the age of eighteen and who is the Indian child's

grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece

or nephew, first or second cousin, or stepparent.

d. "Foster care placement" means the removal of an Indian child from the home of

his or her parent or Indian custodian for temporary placement in a foster home,

qualified residential treatment program, residential care center for Indian children

and youth, or certified shelter care facility, in the home of a relative other than a

parent or Indian custodian, or in the home of a guardian, from which placement

the parent or Indian custodian cannot have the Indian child returned upon

demand. The term does not include an adoptive placement, a preadoptive

placement, an emergency change in placement under section 27-20.3-06, or a

placement pursuant to a criminal or delinquency proceeding.

e. "Indian" means an individual who is a member of an Indian tribe, or who is a

native and a member of a regional corporation as defined under 43 U.S.C. 1606.

f. "Indian child" means any unmarried individual who is under the age of eighteen

and is either a member of an Indian tribe or is eligible for membership in an

Indian tribe and is the biological child of a member of an Indian tribe.

g. "Indian child custody proceeding" means a proceeding brought by the state

involving:

(1) Foster care placement;

(2) A preadoptive placement;

(3) An adoptive placement; or

(4) A termination of parental rights under section 27-20.3-20 for an Indian child.

h. "Indian child's tribe" means the Indian tribe in which an Indian child is a member

or eligible for membership or, in the case of an Indian child who is a member of or

eligible for membership in more than one tribe, the Indian tribe with which the

Indian child has the more significant contacts.

i. "Indian custodian" means any Indian individual who has legal custody of an

Indian child under tribal law or custom or under state law or to whom temporary

physical care, custody, and control has been transferred by the parent of the

Indian child.

j. "Indian tribe" means an Indian tribe, band, nation, or other organized Indian group

or community of Indians recognized as eligible for services provided to Indians by

the United States secretary of the interior because of their status as Indians,

including any Alaska native village as defined in 43 U.S.C. 1602(c).

k. "Parent" means a biological parent or parents of an Indian child or an Indian

individual who has lawfully adopted an Indian child, including adoptions under

tribal law or custom. The term does not include the unwed father if paternity has

not been acknowledged or established.

l. "Preadoptive placement" means the temporary placement of an Indian child in a

foster home, home of a relative other than a parent or Indian custodian, or home

of a guardian after a termination of parental rights but before or in lieu of an

adoptive placement, but does not include an emergency change in placement

under section 27-20.3-06.

m. "Termination of parental rights" means any action resulting in the termination of

the parent-child relationship. It does not include a placement based upon an act

by an Indian child which, if committed by an adult, would be deemed a crime or a

placement upon award of custody to one of the Indian child's parents in a divorce

proceeding.

2. Before removal of an Indian child from the custody of a parent or Indian custodian for

purposes of involuntary foster care placement or the termination of parental rights over

an Indian child, the court shall find that active efforts have been made to provide

remedial services and rehabilitative services designed to prevent the breakup of the

Indian family and that these efforts have proved unsuccessful. The court may not order

the removal unless evidence of active efforts shows there has been a vigorous and

concerted level of casework beyond the level that would constitute reasonable efforts

under section 27-20.3-26. Reasonable efforts may not be construed to be active

efforts. Active efforts must be made in a manner that takes into account the prevailing

social and cultural values, conditions, and way of life of the Indian child's tribe. Active

efforts must utilize the available resources of the Indian child's extended family, tribe,

tribal and other relevant social service agencies, and individual Indian caregivers.

3. The court may order the removal of the Indian child for involuntary foster care

placement only if the court determines, by clear and convincing evidence, that

continued custody of the Indian child by the parent or Indian custodian is likely to result

in serious emotional or physical damage to the Indian child. Evidence must show a

causal relationship between the particular conditions in the home and the likelihood

that continued custody of the Indian child will result in serious emotional or physical

damage to the particular Indian child who is the subject of the proceeding. Poverty,

isolation, custodian age, crowded or inadequate housing, substance use, or

nonconforming social behavior does not by itself constitute clear and convincing

evidence of imminent serious emotional or physical damage to the Indian child.

4. The court may order the termination of parental rights over the Indian child only if the

court determines, by evidence beyond a reasonable doubt that continued custody of

the Indian child by the parent or Indian custodian is likely to result in serious emotional

or physical damage to the Indian child.

5. In considering whether to involuntarily place an Indian child in foster care or to

terminate the parental rights of the parent of an Indian child, the court shall require that

a qualified expert witness must be qualified to testify regarding whether the Indian

child's continued custody by the parent or Indian custodian is likely to result in serious

emotional or physical damage to the Indian child and should be qualified to testify as

to the prevailing social and cultural standards of the Indian child's tribe. An individual

may be designated by the Indian child's tribe as being qualified to testify to the

prevailing social and cultural standards of the Indian child's tribe. If the parties stipulate

in writing and the court is satisfied the stipulation is made knowingly, intelligently, and

voluntarily, the court may accept a declaration or affidavit from a qualified expert

witness in lieu of testimony. If one or more parties have been found to be in default

under the North Dakota Rules of Juvenile Procedure, the court may accept a

declaration or affidavit from a qualified expert witness without a stipulation in writing

from the defaulted parties. The court or any party may request the assistance of the

Indian child's tribe or the bureau of Indian affairs office serving the Indian child's tribe

in locating individuals qualified to serve as expert witnesses. The social worker

regularly assigned to the Indian child may not serve as a qualified expert witness in

child custody proceedings concerning the Indian child. The qualified expert witness

should be someone familiar with the particular Indian child and have contact with the

parent or Indian custodian to observe interaction between the parent or Indian

custodian, Indian child, and extended family members. The child welfare agency and

courts should facilitate access to the family and records to facilitate accurate

testimony.

6. If a court order authorizes the emergency removal of the Indian child from the parent

or Indian custodian of the child under state law, the order must be accompanied by a

declaration from the child welfare agency that includes:

a. The name, tribal affiliation, and address of the Indian child, each parent of the

Indian child, and the Indian custodian of the child, as applicable; and

b. A detailed account of the circumstances that led the agency responsible for

emergency removal of the child to take action.

7. An emergency removal or placement of an Indian child under state law must terminate

immediately when the removal or placement is no longer necessary to prevent

imminent physical damage or harm to the Indian child. If removal or placement is

determined to be no longer necessary, the child welfare agency shall terminate the

removal by returning the Indian child to the parent or Indian custodian and offer a

solution to mitigate the situation that gave rise to the need for emergency removal and

placement.

8. If an Indian child is the subject of a shelter care hearing, the party initiating the hearing

shall provide the court with a declaration that includes the specific actions that have

been taken to assist the parent or Indian custodian since the emergency removal so

the child may be safely returned to the custody of the parent or Indian custodian, and

the specific actions the initiating party intends to take so the Indian child may be

returned safely without initiating an Indian child custody proceeding.

9. To facilitate the intent of this chapter, the agency, in cooperation with the Indian child's

tribe of affiliation, unless a parent objects, shall take steps to enroll the Indian child in

the tribe with the goal of finalizing enrollment before termination.
N.D. Cent. Code § 27-05-08 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-08
27-05-08. Chambers - Residence
Status: in_force

27-05-08. Chambers - Residence

1. The locations of the chambers of the district judges in each of the respective districts

shall be as determined by rule of the supreme court.

2. Each district judge shall reside within the district where the judge's chambers are

located, and, for the purposes of this section, the chief justice of the supreme court

shall designate the respective chambers within the district to which each district judge

is assigned.
N.D. Cent. Code § 27-02-05.1 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-05.1
27-02-05.1. Administration by supreme court
Status: in_force

27-02-05.1. Administration by supreme court

The supreme court shall have and exercise administrative supervision over all courts of this

state and the judges, justices, or magistrates of such courts under such rules and procedures as

it shall from time to time prescribe. The supreme court shall provide to the extent it deems

necessary or desirable, rules for:

1. Administrative supervision by the supreme court of all courts.

2. Administrative practice and procedure in all courts, including:

a. The required filing by all courts of all reports deemed necessary by the supreme

court; and

b. The establishment of uniform standards and procedures for the effective

management of court records.

All judges, clerks of court, and other officers or employees of the courts and of offices

related to and serving the courts shall comply with all administrative practice and

procedure rules promulgated by the supreme court.

3. Personnel policies, procedures, qualifications, duties, and compensation for court

personnel.

4. Uniform financial accounting procedures to be followed by all judicial officers and

employees designated to receive and transmit fees, fines, costs, and other moneys.

The court may not establish any accounting procedures which conflict with those

established by the state auditor for county agencies.

5. The transfer of any matter to any proper court when the jurisdiction of any court has

been improvidently invoked.

6. Withdrawal of any case or other matter pending before any judge and to reassign the

proceeding or case to another judge, when, in the opinion of the supreme court, the

withdrawal and reassignment should be made in order to expedite and promote

justice.
N.D. Cent. Code § 27-20.3-16 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-16
27-20.3-16. Disposition of child needing continued foster care services
Status: in_force

27-20.3-16. Disposition of child needing continued foster care services

1. As used in this section, "child" means an individual between the ages of eighteen and

twenty-one years who is in need of continued foster care services.

2. A petition to commence an action under this section must contain information as

required by supreme court rule along with an affidavit either prepared by the

administrative human service zone, as determined by the department of health and

human services, or prepared by an agency or tribal council of a recognized Indian

reservation in this state.

3. The court shall issue a summons upon the filing of a petition and affidavit.

4. If a child is in need of continued foster care services as determined by the human

service zone or the department of health and human services and as set forth in a

continued foster care agreement, the court shall make the following judicial

determination:

a. That the child is not in need of protection or delinquent, but is in need of

continued foster care services;

b. That the child will remain in or will return to foster care pursuant to the child's

continued foster care agreement;

c. That the child's continued foster care agreement has been willfully entered

between:

(1) The human service zone or the department of health and human services or

its agent, the child, and the foster care provider; or

(2) An agency or tribal council of a recognized Indian reservation in the state if

the child is not subject to the jurisdiction of the state, the child, and the foster

care provider;

d. That it is in the best interest of the child to remain in or return to foster care;

e. That reasonable efforts were made in accordance with subsection 7 of section

27-20.3-18;

f. That the child has attained the age of eighteen or older but does not exceed the

age of twenty-one years;

g. That the child has satisfied the education, employment, or disability requirements

under the federal Fostering Connections to Success and Increasing Adoptions

Act of 2008 [Pub. L. 110-351] and as set forth by the department of health and

human services;

h. That the human service zone, as determined by the department of health and

human services, or that an agency or tribal council of a recognized Indian

reservation in the state, shall continue foster care case management, unless

otherwise agreed to or required by the department of health and human services;

i. That the human service zone or an agency or tribal council of a recognized Indian

reservation in the state must have care and placement responsibility of the child;

j. That permanency hearing must be as set forth in section 27-20.3-26; and

k. That there are no grounds to file a petition to terminate parental rights under

section 27-20.3-20.

5. Pursuant to rule 16 of the North Dakota Rules of Juvenile Procedure, a court may

modify or vacate the judicial determination made under subsection 4.
N.D. Cent. Code § 27-02.2-09 — ND Code / Title 27 / Chapter 27-02.2 / Section 27-02.2-09
27-02.2-09. Attorney recruitment and retention assistance program fund - Continuing appropriation
Status: in_force

27-02.2-09. Attorney recruitment and retention assistance program fund - Continuing

appropriation.

The attorney recruitment and retention assistance program fund is established in the state

treasury. Payments collected under section 27-02.2-08 must be deposited in the attorney

recruitment and retention assistance program fund. The funds deposited in the attorney

recruitment and retention assistance program fund are appropriated to the judicial branch on a

continuing basis for the purpose of making attorney payments under the recruitment and

retention assistance program.
N.D. Cent. Code § 27-25-03 — ND Code / Title 27 / Chapter 27-25 / Section 27-25-03
27-25-03. Submission of nominee list to governor
Status: in_force

27-25-03. Submission of nominee list to governor

The committee shall submit to the governor a list of not fewer than two nor more than seven

nominees for appointment within sixty days after receipt of written notice from the governor that

a vacancy in the office of judge exists. No list of nominees submitted to the governor by the

committee is valid unless concurred in by a majority of its members and certified by the

chairman. If the committee fails to submit a list of at least two nominees within the time

prescribed by this section, the governor may direct that the committee be reconvened or

proceed according to subsection 3 of section 27-25-04. If the committee fails to submit a list of

at least two nominees to the governor within sixty days after receipt of written notice from the

governor directing the committee to reconvene, the governor shall proceed according to

subsection 3 of section 27-25-04.
N.D. Cent. Code § 27-21-11 — ND Code / Title 27 / Chapter 27-21 / Section 27-21-11
27-21-11. Transfer of students from the North Dakota youth correctional center to other institutions
Status: in_force

27-21-11. Transfer of students from the North Dakota youth correctional center to

other institutions.

The director of the division of juvenile services may transfer students of the North Dakota

youth correctional center to the state hospital whenever the director is satisfied, upon

investigation and following appropriate standards of due process, that such transfer is

advisable. If any student, so transferred, is maintained at the expense of the county from which

the student was committed, the cost of the student's maintenance in the institution to which the

student is transferred must be charged to such county and must be collected therefrom upon

notice to the county auditor of said county by the director.
N.D. Cent. Code § 27-15-03 — ND Code / Title 27 / Chapter 27-15 / Section 27-15-03
27-15-03. Organization of judicial conference - Rules of procedure
Status: in_force

27-15-03. Organization of judicial conference - Rules of procedure

At the request of the judicial conference, the state court administrator shall serve as the

executive secretary of the judicial conference. The judicial conference shall make rules for its

procedure, organization, election of officers, and the conduct of its business.
N.D. Cent. Code § 27-20.2-26 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-26
27-20.2-26. Appeals
Status: in_force

27-20.2-26. Appeals

1. An aggrieved party, including the state or a subdivision of the state, may appeal from a

final order, judgment, or decree of the juvenile court to the supreme court by filing

written notice of appeal within thirty days after entry of the order, judgment, or decree,

or within any further time the supreme court grants, after entry of the order, judgment,

or decree. The appeal must be heard by the supreme court upon the files, records,

and minutes or transcript of the evidence of the juvenile court, giving appreciable

weight to the findings of the juvenile court. The name of the child may not appear on

the record on appeal.

2. The appeal does not stay the order, judgment, or decree appealed from, but the

supreme court may otherwise order on application and hearing consistent with this

chapter if suitable provision is made for the care and custody of the child. If the order,

judgment, or decree appealed from grants the custody of the child to, or withholds

custody of the child from, one or more of the parties to the appeal, the appeal must be

heard at the earliest practicable time.
N.D. Cent. Code § 27-20.1-04 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-04
27-20.1-04. Venue
Status: in_force

27-20.1-04. Venue

Except as otherwise provided by this section, a proceeding under this chapter must be

commenced in the county in which the child resides. If a child in need of protection is alleged,

the proceeding may be brought in the county in which the child is present when it is

commenced, the county in which the child has resided for the majority of the thirty days before

the date of the alleged child in need of protection, or the county where the alleged conditions of

the child in need of protection have occurred. The court shall determine the appropriate venue

when the conditions of a child in need of protection action is based on the best interest of the

child.
N.D. Cent. Code § 27-20.3-09 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-09
27-20.3-09. Place of shelter care
Status: in_force

27-20.3-09. Place of shelter care

A child alleged to be in need of shelter care may be placed only in:

1. A licensed foster home or a home approved by the court;

2. A shelter care or certified shelter care facility operated by a licensed child welfare

agency; or

3. Any other suitable place or facility, including a medical facility for the treatment of

mental illness, alcoholism, or drug addiction, designated by the court.
N.D. Cent. Code § 27-20.4-13 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-13
27-20.4-13. Petition - Who may prepare and file - Review
Status: repealed

27-20.4-13. Petition - Who may prepare and file - Review

Repealed by S.L. 2025, ch. 302, § 19.
N.D. Cent. Code § 27-13-07 — ND Code / Title 27 / Chapter 27-13 / Section 27-13-07
27-13-07. Attorney's refusal to deliver client's money or property not unlawful if attorney furnishes a bond
Status: repealed

27-13-07. Attorney's refusal to deliver client's money or property not unlawful if

attorney furnishes a bond.

Repealed by S.L. 2001, ch. 287, § 1.
N.D. Cent. Code § 27-09.1-14 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-14
27-09.1-14. Mileage and compensation of jurors
Status: in_force

27-09.1-14. Mileage and compensation of jurors

A juror must be paid mileage at the rate provided for state employees in section 54-06-09. A

juror must be compensated at the rate of one hundred dollars for each day of required

attendance at sessions of the district court unless the juror is in attendance for four hours or less

on the first day, in which case compensation for the first day is fifty dollars. A juror must be

compensated at the rate of ten dollars for each day of required attendance at sessions of a

coroner's inquest. The mileage and compensation of jurors must be paid by the state for jurors

at sessions of the district court. Jurors at coroner's inquests must be paid by the county.
N.D. Cent. Code § 27-10-20 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-20
27-10-20. When undertaking ordered prosecuted in name of state - Disposition of moneys collected
Status: in_force

27-10-20. When undertaking ordered prosecuted in name of state - Disposition of

moneys collected.

In an order for the prosecution of an undertaking given for the appearance of a person

accused of contempt, the court, whenever it thinks proper to do so, may, or whenever no party

is aggrieved by the misconduct of the person, shall, direct a prosecution to be made in the name

of this state by the attorney general or by the state's attorney of the county in which the

undertaking was given. In an action brought pursuant to such direction, the state is entitled to

recover the entire sum specified in the undertaking. Out of the money collected, the court which

directed the prosecution must order the person at whose instance a warrant was issued to be

paid such a sum as it thinks proper to satisfy the costs and expenses incurred by the person

and to compensate the person for the loss or injury sustained by reason of the misconduct. The

residue of the money must be paid into the treasury of this state to the credit of the school fund.
N.D. Cent. Code § 27-13-11 — ND Code / Title 27 / Chapter 27-13 / Section 27-13-11
27-13-11. Partner of public prosecutor not to aid defense - Penalty
Status: in_force

27-13-11. Partner of public prosecutor not to aid defense - Penalty

Every attorney who, directly or indirectly, advises in relation to, or aids or promotes the

defense of, any action or proceeding in any court, the prosecution of which is carried on, aided,

or promoted by any state's attorney or other public prosecutor with whom such attorney is

connected, directly or indirectly, as a partner, or who takes or receives, directly or indirectly, from

or on behalf of any defendant therein, any valuable consideration, upon any understanding or

agreement whatever, express or implied, having relation to the defense thereof, is guilty of a

class A misdemeanor and in addition to the punishment prescribed therefor, that attorney forfeits

that attorney's license to practice.
N.D. Cent. Code § 27-20.5-07 — ND Code / Title 27 / Chapter 27-20.5 / Section 27-20.5-07
27-20.5-07. Fitness to proceed hearing (Effective after January 1, 2027)
Status: in_force

27-20.5-07. Fitness to proceed hearing. (Effective after January 1, 2027)

1. The court shall hold a hearing to determine if the minor is fit to proceed no later than

ten days after the report is filed under section 27-20.5-06. At the hearing, the

prosecution and defense have the right to summon and cross-examine any individual

responsible for the report and introduce other evidence regarding the minor's mental

condition or may submit the matter by written stipulation based on the filed report.

2. If the court finds the minor lacks fitness to proceed and that there is a substantial

likelihood the minor will not attain fitness during the period of the remediation order,

the court shall proceed to disposition under section 27-20.5-09.

3. The tier 1a mental health professional may appear via reliable electronic means unless

objected to by the parties.

4. If the court finds the minor is fit to proceed, the delinquency proceedings must

proceed.
N.D. Cent. Code § 27-20.2-11 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-11
27-20.2-11. Transfer to another juvenile court within the state
Status: in_force

27-20.2-11. Transfer to another juvenile court within the state

If the child resides in a county of the state and the proceeding is commenced in a court of

another county, the court, on motion of a party or on motion of the court made before final

disposition and in consultation with the court in the other county, may transfer the proceeding to

the county of the child's residence for further action. Like transfer may be made if the residence

of the child changes pending the proceeding. The proceeding must be transferred if the child

has been adjudicated delinquent or a child in need of services and other proceedings involving

the child are pending in the juvenile court of the county of the child's residence.
N.D. Cent. Code § 27-17-05 — ND Code / Title 27 / Chapter 27-17 / Section 27-17-05
27-17-05. Disposition of contributions
Status: in_force

27-17-05. Disposition of contributions

All moneys in the judges retirement fund in the general fund are hereby transferred to a

special fund within the state treasury to be known as the judicial retirement fund. Any money

collected pursuant to this chapter must be deposited with the state treasurer, who shall credit

the same to the special fund to be known as the judicial retirement fund.
N.D. Cent. Code § 27-05-31 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-31
27-05-31. Magistrates - Appointment - Salary - Authority
Status: in_force

27-05-31. Magistrates - Appointment - Salary - Authority

The presiding judge of a judicial district may appoint, subject to rules adopted by the

supreme court, any qualified person, including a clerk of the district court, to serve as

magistrate. A magistrate appointed pursuant to this section may be paid a salary as determined

by the supreme court and has that authority performable by a district court judge as assigned by

the presiding judge. The supreme court may adopt rules for the qualifications of magistrates, the

extent and assignment of authority, and the conduct of the office, including rules relating to

training sessions and continuing education.
N.D. Cent. Code § 27-23-06 — ND Code / Title 27 / Chapter 27-23 / Section 27-23-06
27-23-06. General powers of commission, hearing panel, and disciplinary counsel
Status: in_force

27-23-06. General powers of commission, hearing panel, and disciplinary counsel

In the conduct of investigations and formal proceedings, the commission, hearing panel, or

disciplinary counsel may:

1. Administer oaths.

2. Order and otherwise provide for the inspection of books and records.

3. Issue subpoenas for the attendance of witnesses and the production of papers, books,

accounts, documents, and testimony relevant to any investigation or formal

proceeding.

The power to administer oaths, to issue subpoenas, or to make orders for or concerning the

inspection of books and records may be exercised by a member of the commission or a hearing

panel, unless the commission otherwise determines.
N.D. Cent. Code § 27-20.1-21 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-21
27-20.1-21. Orders for evaluation
Status: in_force

27-20.1-21. Orders for evaluation

1. The court may order a party or a proposed guardian to submit to a chemical

dependency, parental capacity, mental health, domestic violence, anger management,

or other relevant evaluation by a suitably licensed or certified examiner. The court may

request other persons having regular contact with the child submit to a chemical

dependency, parental capacity, mental health, domestic violence, anger management,

or other relevant evaluation by a suitably licensed or certified examiner. Failure to

submit to an evaluation will be taken into consideration by the court.

2. The order may be made only on motion for good cause by a party or guardian ad

litem, or on the court's own motion, and on notice to all parties and the person to be

evaluated. The order must:

a. Specify the type of evaluation and the type of professional or entity to perform the

evaluation;

b. Include the deadline for performing the evaluation;

c. Include the date by which the evaluation must be filed with the court; and

d. Specify the party that must pay the costs of the evaluation. If the party is unable

to pay the costs, the court may direct the costs to be paid, in whole, or in part, by

the county. The court may direct the party to reimburse the county, in whole or in

part, for the payment.

3. The evaluation must be in writing and must set out in detail the evaluator's findings,

including diagnoses, conclusions, and the results of any tests. The evaluator must file

a copy with the court.

4. The evaluation reports and any addendums are confidential. The public or the parties

may not read or copy the evaluation reports or addendums unless the court, in its

discretion, gives permission. The guardian ad litem may read the evaluation reports

and addendums but may not copy the evaluation reports and addendums unless the

court, in its discretion, gives permission. A party, proposed guardian, or other person

requested to submit to an evaluation by the court under this section is entitled to a

copy of the report of evaluation and any addendum, upon request.
N.D. Cent. Code § 27-15-06 — ND Code / Title 27 / Chapter 27-15 / Section 27-15-06
27-15-06. Hearings - Subpoena of witnesses - Compelling testimony
Status: repealed

27-15-06. Hearings - Subpoena of witnesses - Compelling testimony

Repealed by S.L. 1985, ch. 333, § 8.
N.D. Cent. Code § 27-20.1-08 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-08
27-20.1-08. Procedure upon approval of petition
Status: in_force

27-20.1-08. Procedure upon approval of petition

1. The court shall issue a summons in accordance with rule 5 of the North Dakota Rules

of Juvenile Procedure and appoint a lay guardian ad litem upon the approval of the

petition.

2. An initial hearing must be set in accordance with rule 2 of the North Dakota Rules of

Juvenile Procedure.

3. For a petition filed under paragraphs 1, 2, or 3 of subdivision n of subsection 2 of

section 27-20.1-06:

a. The petitioner may request the court waive the hearing requirement.

b. The petition must state any person interested in the welfare of the child who

opposes the appointment of the proposed guardian shall file an objection to the

appointment and a demand for hearing within ten days of the service of the

petition. If an objection is not filed within ten days, the court may order the

appointment of a guardian for the child without a hearing upon review of the

guardian ad litem's report.

c. If the petition is unopposed, the court may order appointment of a guardian on the

strength of the pleadings, including the report of the guardian ad litem, if satisfied

that the conditions of paragraphs 1, 2, or 3 of subdivision n of subsection 2 of

section 27-20.1-06 have been met, or may conduct a hearing and require proof of

the matters necessary to support the order sought. Before appointment of the

guardian, the court shall consider whether the child has or will have significant

excess assets and determine whether a conservatorship is necessary under

d. The guardian ad litem shall file a report in accordance with rule 17 of the North

Dakota Rules of Juvenile Procedure, within twenty days after appointment.
N.D. Cent. Code § 27-21-03 — ND Code / Title 27 / Chapter 27-21 / Section 27-21-03
27-21-03. Temporary care
Status: in_force

27-21-03. The division shall review each placement and the current status of each child

committed to the division at least every three months to determine whether a change in

placement or program is necessary for the continued accomplishment of the treatment and

rehabilitation plan of the child, and shall report the findings to the committing juvenile court.
N.D. Cent. Code § 27-20.1-22 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-22
27-20.1-22. Confidentiality
Status: in_force

27-20.1-22. Confidentiality

Except as provided by section 27-20.2-21, all files and records under this chapter are

closed to the public and confidential.
N.D. Cent. Code § 27-20.4-19 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-19
27-20.4-19. Delinquent children - Suspension of driving privileges
Status: repealed

27-20.4-19. Delinquent children - Suspension of driving privileges

Repealed by S.L. 2025, ch. 302, § 19.
N.D. Cent. Code § 27-25-07 — ND Code / Title 27 / Chapter 27-25 / Section 27-25-07
27-25-07. Committee members ineligible for vacancy appointment
Status: in_force

27-25-07. Committee members ineligible for vacancy appointment

No member of the committee may be considered as a candidate or nominee during the

member's term on the committee.
N.D. Cent. Code § 27-03-01 — ND Code / Title 27 / Chapter 27-03 / Section 27-03-01
27-03-01. Appointment of clerk of supreme court
Status: in_force

27-03-01. Appointment of clerk of supreme court

The supreme court shall appoint a clerk of the supreme court to perform duties assigned by

the court. The court shall establish the clerk's salary within the amount appropriated for salaries

by the legislative assembly.
N.D. Cent. Code § 27-02-09 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-09
27-02-09. Statutes regulating procedure effective as rules of supreme court
Status: in_force

27-02-09. Statutes regulating procedure effective as rules of supreme court

All statutes relating to pleadings, practice, and procedure in civil or criminal actions,

remedies, or proceedings, enacted by the legislative assembly, have force and effect only as

rules of court and remain in effect unless and until amended or otherwise altered by rules

promulgated by the supreme court.
N.D. Cent. Code § 27-02-10 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-10
27-02-10. Limitation on rulemaking powers of supreme court
Status: in_force

27-02-10. Limitation on rulemaking powers of supreme court

No rule promulgated under sections 27-02-07 and 27-02-08 may abridge, enlarge, or modify

in any manner the substantive rights of any litigant.
N.D. Cent. Code § 27-20.3-15 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-15
27-20.3-15. Disposition of a child in need of protection (Effective through July 31, 2027)
Status: in_force

27-20.3-15. Disposition of a child in need of protection. (Effective through July 31,

2027)

1. If a child is found to be a child in need of protection, the court may make any of the

following orders of disposition best suited to the protection of the child or family and

the physical, mental, and moral welfare of the child:

a. Permit the child to reside with the child's parents, guardian, or other custodian,

subject to conditions and limitations as the court prescribes, including supervision

as directed by the court for the protection of the child.

b. Subject to conditions and limitations as the court prescribes, transfer temporary

legal custody to any of the following:

(1) An agency or other private organization licensed or otherwise authorized by

law to receive and provide care for the child.

(2) The director of the human service zone to receive and provide care for the

child.

c. Require the child or parents, guardian, or other custodian to participate in

treatment.

d. Appoint a fit and willing relative or other appropriate individual as the child's legal

guardian under section 27-20.1-11.

e. In cases in which a compelling reason has been shown that it would not be in the

child's best interests to return home, to have parental rights terminated, to be

placed for adoption, to be placed with a fit and willing relative, or to be placed with

a legal guardian, establish, by order, some other planned permanent living

arrangement.

2. Without a compelling reason to the contrary, a court order that transfers the child from

the current protective placement to a parent or other biological family must provide a

reasonable period of time to facilitate a beneficial transition for the child and other

parties involved.

3. A child in need of protection may not be placed in a residential facility that houses

delinquent children.

Disposition of a child in need of protection. (Effective after July 31, 2027)

1. If a child is found to be a child in need of protection, the court may make any of the

following orders of disposition best suited to the protection and physical, mental, and

moral welfare of the child:

a. Permit the child to reside with the child's parents, guardian, or other custodian,

subject to conditions and limitations as the court prescribes, including supervision

as directed by the court for the protection of the child.

b. Subject to conditions and limitations as the court prescribes, transfer temporary

legal custody to any of the following:

(1) An agency or other private organization licensed or otherwise authorized by

law to receive and provide care for the child.

(2) The director of the human service zone to receive and provide care for the

child.

c. Require the parents, guardian, or other custodian to participate in treatment.

d. Appoint a fit and willing relative or other appropriate individual as the child's legal

guardian under section 27-20.1-11.

e. In cases in which a compelling reason has been shown that it would not be in the

child's best interests to return home, to have parental rights terminated, to be

placed for adoption, to be placed with a fit and willing relative, or to be placed with

a legal guardian, establish, by order, some other planned permanent living

arrangement.

2. Without a compelling reason to the contrary, a court order that transfers the child from

the current protective placement to a parent or other biological family must provide a

reasonable period of time to facilitate a beneficial transition for the child and other

parties involved.

3. A child in need of protection may not be placed in a residential facility that houses

delinquent children.
N.D. Cent. Code § 27-23-08 — ND Code / Title 27 / Chapter 27-23 / Section 27-23-08
27-23-08. Petition for order compelling person to attend or testify or produce writings or things - Service of order to appear before court - Order to appear before commission or hearing panel - Contempt
Status: in_force

27-23-08. Petition for order compelling person to attend or testify or produce writings

or things - Service of order to appear before court - Order to appear before commission

or hearing panel - Contempt.

If a person refuses to attend, testify, or produce any writings or things required by

subpoena, the commission or the hearing panel may petition the district court for the county in

which the hearing is pending for an order compelling a person to attend and testify or produce

the writings or things required by the subpoena before the commission or hearing panel. The

court shall order a person to appear before it at a specified time and place to show cause why

the person has not attended or testified or produced the writings or things as required. A copy of

the order must be served upon the person. If it appears to the court that the subpoena was

regularly issued, the court shall order a person to appear before the commission or hearing

panel at the time and place fixed in the order and testify or produce the required writings or

things. Upon failure to obey the order, a person must be punished as provided in section

12.1-10-02.
N.D. Cent. Code § 27-02.2-10 — ND Code / Title 27 / Chapter 27-02.2 / Section 27-02.2-10
27-02.2-10. Filing and approval of recruitment and retention assistance agreement
Status: in_force

27-02.2-10. Filing and approval of recruitment and retention assistance agreement

A recruitment and retention assistance agreement entered under this chapter becomes

effective when the agreement is filed with and approved by the supreme court. The agreement

must require the attorney to practice law full-time in the eligible county or municipality for at least

five consecutive years.
N.D. Cent. Code § 27-15-08 — ND Code / Title 27 / Chapter 27-15 / Section 27-15-08
27-15-08. Report and recommendations to governor - Suggestion of rules to supreme court
Status: repealed

27-15-08. Report and recommendations to governor - Suggestion of rules to supreme

court.

Repealed by S.L. 1985, ch. 333, § 8.
N.D. Cent. Code § 27-20.6-04 — ND Code / Title 27 / Chapter 27-20.6 / Section 27-20.6-04
27-20.6-04. Petition - Who may prepare and file
Status: in_force

27-20.6-04. Petition - Who may prepare and file

A petition for re-establishment of the legal parent and child relationship may be filed by any

interested party from the original termination of parental rights proceeding if:

1. The state's attorney receives a copy of the petition and the responsible custodian and

the state's attorney agree re-establishment of the legal parent and child relationship is

in the child's best interests;

2. The genetic parent is willing and has the capability to provide day-to-day care and

maintain the health, safety, and welfare of the child;

3. At least twelve months have elapsed following a final order terminating parental rights

and the child remains in foster care;

4. There is no pending litigation or appeal pertaining to the original termination of

parental rights proceeding;

5. The child has not been adopted; and

6. The child is not the subject of a written adoption placement agreement between the

responsible custodian and the prospective adoptive parent.
N.D. Cent. Code § 27-02.2-03 — ND Code / Title 27 / Chapter 27-02.2 / Section 27-02.2-03
27-02.2-03. Municipality eligibility
Status: in_force

27-02.2-03. Municipality eligibility

A municipality is eligible to participate in the recruitment and retention assistance program if

the municipality:

1. Has a population of five thousand or fewer;

2. Agrees to provide the municipality's portion of the incentive payment as required under

section 27-02.2-06; and

3. Is determined to be eligible by the supreme court.
N.D. Cent. Code § 27-25-08 — ND Code / Title 27 / Chapter 27-25 / Section 27-25-08
27-25-08. Expenses of committee
Status: in_force

27-25-08. Expenses of committee

Committee members must be allowed expenses for travel, board, and lodging incurred in

the performance of their duties as provided in sections 44-08-04 and 54-06-09.
N.D. Cent. Code § 27-20.2-22 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-22
27-20.2-22. Disclosure of information needed to apprehend child
Status: in_force

27-20.2-22. Disclosure of information needed to apprehend child

Notwithstanding any other provision of law, the name, photographs, fingerprints, or other

identifying information of a child who is alleged to have committed a delinquent act involving

actual or threat of serious bodily injury which would constitute a felony if committed by an adult

or who left without authorization from a secure detention facility may be released by law

enforcement, the division of juvenile services, or the juvenile court for purposes of apprehending

the child.
N.D. Cent. Code § 27-09.1-20 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-20
27-09.1-20. Short title
Status: in_force

27-09.1-20. Short title

This chapter may be cited as the Uniform Jury Selection and Service Act.
N.D. Cent. Code § 27-05-28 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-28
27-05-28. Orders without notice
Status: in_force

27-05-28. Orders without notice

Any order of the district court made without notice to the adverse party may be vacated or

modified without notice by the judge who made it or the same may be vacated or modified on

notice in the manner in which other motions are made.
N.D. Cent. Code § 27-10-10 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-10
27-10-10. Amount of undertaking for appearance of accused may be fixed and endorsed on warrant by judge
Status: in_force

27-10-10. Amount of undertaking for appearance of accused may be fixed and

endorsed on warrant by judge.

When a warrant of attachment of a person accused of contempt is issued, the court, by an

endorsement thereon, may fix a sum in which the accused may give an undertaking for the

accused's appearance to answer.
N.D. Cent. Code § 27-10-02 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-02
27-10-02. Penalty for criminal contempt
Status: repealed

27-10-02. Penalty for criminal contempt

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 27-17-02 — ND Code / Title 27 / Chapter 27-17 / Section 27-17-02
27-17-02. Retention of assessments from judges' salaries - Withdrawal of sums so retained
Status: in_force

27-17-02. Retention of assessments from judges' salaries - Withdrawal of sums so

retained.

1. Every judge of the supreme court or of the district court is subject to a judicial

retirement assessment in the amount of five percent of the judge's salary during the

first twenty years of service as such judge, from and after the effective date of this

section, which amount must be deducted, withheld, and retained by the state of North

Dakota. In computing the period of assessment, every judge must be credited with all

previous years in which judicial retirement assessments have been deducted and

withheld from the judge's salary.

2. In lieu of receiving judicial retirement salary under this chapter, a judge of the supreme

court or a judge of the district court, or in the event of the judge's death, the surviving

spouse or legal representative, upon application to the supreme court at any time after

the person ceases to be such judge and without having made application for and

received judicial retirement salary under this chapter, is entitled to receive the amount

of judicial retirement assessments heretofore or hereafter deducted and withheld by

the state of North Dakota. If such judge has received judicial retirement salary under

this chapter, the amount of judicial retirement assessments deducted and withheld by

the state of North Dakota in excess of judicial retirement salary received by such

judge, are payable, in the event of the judge's death, but not otherwise, to the surviving

spouse if living, otherwise to the judge's legal representative.

3. If any former judge, after having withdrawn judicial retirement assessments withheld

by the state of North Dakota, shall thereafter become a judge of the supreme court or

of the district court of this state, the person may, at the person's election, within one

year after becoming such judge, reinstate the person's prior years of service by

returning to the fund the amount withdrawn by the person, with simple interest at the

rate of four percent per annum from the time of such withdrawal.
N.D. Cent. Code § 27-20.2-25 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-25
27-20.2-25. Destruction of juvenile court records
Status: in_force

27-20.2-25. Destruction of juvenile court records

1. Except as otherwise required under section 25-03.3-04, all juvenile court records must

be retained and disposed of pursuant to rules and policies established by the North

Dakota supreme court.

2. Upon the final destruction of a file or record, the proceeding must be treated as if the

proceeding never occurred. The juvenile court shall notify each agency named in the

file or record of the destruction. All index references, except those which may be made

by the attorney general and the directors of the department of transportation, the

department of health and human services, the department of corrections and

rehabilitation, the commission on legal counsel for indigents and its public defender

offices, law enforcement agencies, and human service zones, must be deleted. Each

agency, except the attorney general and the directors of the department of

transportation, the department of health and human services, the department of

corrections and rehabilitation, the commission on legal counsel for indigents and its

public defender offices, law enforcement agencies, and human service zones, upon

notification of the destruction of a file or record, shall destroy all files, records, and

references to the child's apprehension, detention, and referral to the juvenile court and

any record of disposition made by the juvenile court. The attorney general, the

department of health and human services, the department of corrections and

rehabilitation, the commission on legal counsel for indigents and its public defender

offices, law enforcement agencies, and human service zones may not keep a juvenile

file or record longer than is required by the records retention policy of that official,

department, or agency. Upon inquiry in any matter the child, the court, and

representatives of agencies, except the attorney general and the directors of the

department of transportation, the department of health and human services, the

department of corrections and rehabilitation, law enforcement agencies, and human

service zones, properly shall reply that no record exists with respect to the child.
N.D. Cent. Code § 27-20.1-17 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-17
27-20.1-17. Expiration and termination of guardianship of a child
Status: in_force

27-20.1-17. Expiration and termination of guardianship of a child

1. An order appointing or reappointing a guardian under this chapter is effective for up to

one year unless the court, upon a finding of good cause, sets a different time frame.

An order may not be effective for more than three years. At least sixty days before the

expiration of the initial order of appointment or any following order of reappointment,

the court shall request and consider information submitted by the guardian, the child, if

fourteen years of age or older, the child's attorney, if any, the child's parents, and any

interested persons regarding whether the need for a guardianship continues to exist.

The court, at its discretion, may appoint a guardian ad litem in accordance with section

27-20.1-08, before the hearing. The court shall hold a hearing on whether the

guardianship should continue. Following the hearing and consideration of submitted

information, the court may:

a. Terminate the guardianship if shown by clear and convincing evidence that the

circumstances that led to the guardianship no longer exist;

b. Reappoint the guardian for up to three years; or

c. Appoint a new guardian.

The court may extend a guardianship up to ninety days past the expiration of the initial

order, for good cause shown, if the hearing cannot be held before the expiration of the

order. If the court extends an initial order for guardianship, new letters of guardianship

must be issued reflecting the extended expiration date.

2. A guardian's authority and responsibility terminates upon the death, resignation, or

removal of the guardian, or upon the child's death, adoption, marriage, or attainment of

majority, but termination does not affect the guardian's liability for prior acts or the

guardian's obligation to account for funds and assets of the child.

3. The supreme court, by rule or order, shall provide for the regular review of

guardianships in existence on August 1, 2019.
N.D. Cent. Code § 27-05-05 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-05
27-05-05. Presiding judge of district - How determined - Term of office
Status: in_force

27-05-05. Presiding judge of district - How determined - Term of office

The district and county judges in judicial districts of this state having more than one district

judge shall elect from among the district judges a presiding judge who shall serve for a period of

three years beginning January 1, 1992. A presiding judge in districts having more than one

district judge must be elected every three years. In the event of a vacancy, a presiding judge

must be elected in the manner provided in this section to serve the remainder of the term.
N.D. Cent. Code § 27-23-09 — ND Code / Title 27 / Chapter 27-23 / Section 27-23-09
27-23-09. Deposition
Status: in_force

27-23-09. Deposition

In any investigation or formal proceeding under this chapter, the commission, hearing panel,

or disciplinary counsel, under the North Dakota Rules of Civil Procedure, may order the

deposition of a person residing within or without the state to be taken.
N.D. Cent. Code § 27-25-04 — ND Code / Title 27 / Chapter 27-25 / Section 27-25-04
27-25-04. Governor to appoint or call special election
Status: in_force

27-25-04. Governor to appoint or call special election

Within thirty days after receipt of the list of nominees, the governor shall do any of the

following:

1. Fill the vacancy by appointment from the list of nominees submitted by the committee.

2. Return the list of nominees and direct the committee to reconvene.

3. Call a special election to fill the vacancy for the remainder of the term.

If the governor determines to call a special election to fill the vacancy, the governor shall issue a

writ of election to the auditors of the counties in the district in which the district vacancy occurs

commanding them to notify the boards of election in the counties to hold a special election at a

time designated by the governor. If the governor determines to call a special election within

eighty-one days of the time of the next general election, the special election must be held at the

same time as the general election.
N.D. Cent. Code § 27-11-13 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-13
27-11-13. Powers of state board of law examiners
Status: in_force

27-11-13. Powers of state board of law examiners

The state board of law examiners may employ such assistants, purchase such supplies,

and incur such expense as may be necessary to carry out the duties imposed upon it, but

expenditures may not exceed the moneys in the state bar fund. It possesses such other powers

and duties relating to the admission of applicants to the bar as prescribed by state law or the

supreme court.
N.D. Cent. Code § 27-20.3-17 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-17
27-20.3-17. Human service zone to report to committing juvenile court
Status: in_force

27-20.3-17. Human service zone to report to committing juvenile court

1. A human service zone shall develop a family case plan and file the plan with the

committing juvenile court within sixty days.

2. A human service zone shall review each placement of a child found to be in need of

protection with custody ordered to a human service zone and shall review the current

status of each child every three months to determine whether a change in placement

or program is necessary for continued efforts toward reunification and permanency of

the child, and shall report the findings to the committing juvenile court.
N.D. Cent. Code § 27-14-04 — ND Code / Title 27 / Chapter 27-14 / Section 27-14-04
27-14-04. Investigation by bar board - Witnesses, subpoenas, oaths, testimony
Status: in_force

27-14-04. Investigation by bar board - Witnesses, subpoenas, oaths, testimony

When a complaint charging a member of the bar with misconduct is referred to the state bar

board for investigation, each member of such board may:

1. Issue a subpoena commanding any witness to appear at any place within the judicial

district in which the witness resides;

2. Administer oaths to witnesses; and

3. Take testimony concerning the charges made in the complaint.
N.D. Cent. Code § 27-13-06 — ND Code / Title 27 / Chapter 27-13 / Section 27-13-06
27-13-06. Attorney's withholding of client's money or property under alleged lien unlawful if bond furnished
Status: repealed

27-13-06. Attorney's withholding of client's money or property under alleged lien

unlawful if bond furnished.

Repealed by S.L. 2001, ch. 287, § 1.
N.D. Cent. Code § 27-20.4-17 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-17
27-20.4-17. Disposition of a delinquent child
Status: in_force

27-20.4-17. Disposition of a delinquent child

1. If the child is found to be a delinquent child, the court shall make findings and include

in the order of disposition any actions or steps necessary to ensure:

a. The child receives the treatment or rehabilitation the court deems most

appropriate;

b. Repairing harm caused to the victim or community; and

c. Safety of the community.

2. If the child is found to be a delinquent child, the court may order probation with

conditions best suited to the child's individual need for treatment, rehabilitation, and

welfare.

3. The court may commit a child to the division of juvenile services, or may order a child

over eighteen years of age to serve a term of probation under the supervision of the

department of corrections and rehabilitation.

4. The court may:

a. Order the child to make monetary restitution to the victim of the offense or to

complete a specified number of hours of community service as determined by the

court, or both;

b. Order the periodic testing for the use of illicit drugs or alcohol; or

c. Order the child's participation in a juvenile treatment court program.

5. If the delinquent act committed by the child was a sexual offense, the court shall

ensure the child is assessed in a timely manner, not to exceed thirty days, with

age-appropriate social assessments to determine the appropriate level of required

treatment.
N.D. Cent. Code § 27-01-03 — ND Code / Title 27 / Chapter 27-01 / Section 27-01-03
27-01-03. Courts not open on Sundays and holidays - Jurisdiction of magistrates on such days
Status: in_force

27-01-03. Courts not open on Sundays and holidays - Jurisdiction of magistrates on

such days.

Superseded by N.D.R.Crim.P., Rule 56.
N.D. Cent. Code § 27-23-05 — ND Code / Title 27 / Chapter 27-23 / Section 27-23-05
27-23-05. Duty of sheriffs and police officers to serve process and execute orders of commission
Status: in_force

27-23-05. Duty of sheriffs and police officers to serve process and execute orders of

commission.

It is the duty of the sheriffs and police officers in the several counties and cities, upon

request of the commission or its authorized representative, to serve process and execute all

lawful orders of the commission.
N.D. Cent. Code § 27-11-17 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-17
27-11-17. Fee payable by all applicants for admission to bar - Disposition of fees
Status: in_force

27-11-17. Fee payable by all applicants for admission to bar - Disposition of fees

The state board of law examiners is entitled to receive a fee to be determined by the board

with the approval of the supreme court of an amount not to exceed two hundred dollars from

each applicant for admission to the bar of this state who submits to examination by the board

and a fee to be determined by the board with the approval of the supreme court of an amount

not to exceed four hundred dollars from each applicant for admission to the bar of this state who

seeks admission upon motion in accordance with state law or supreme court rule. All fees

received must be deposited and disbursed in accordance with section 54-44-12.
N.D. Cent. Code § 27-20.6-03 — ND Code / Title 27 / Chapter 27-20.6 / Section 27-20.6-03
27-20.6-03. Venue - Inconvenient forum
Status: in_force

27-20.6-03. Venue - Inconvenient forum

1. Except as otherwise provided in this section, a proceeding under this chapter must be

commenced in the county in which the child resides.

2. A proceeding for re-establishment of parental rights and responsibilities must be

brought in the court in the county in which the child subject of the petition resides or in

which the agency having the care, custody, or control of the child is located, at the time

of filing or granting the petition.

3. If the court finds in the interest of substantial justice the matter should be heard in

another forum, the court may transfer, stay, or dismiss the proceeding in whole or in

part on any condition that is just.
N.D. Cent. Code § 27-20.1-19 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-19
27-20.1-19. Attorney's fees
Status: in_force

27-20.1-19. Attorney's fees

If the court determines an action brought under section 30.1-27-07 or this chapter is

frivolous, the court may award reasonable, actual, and statutory costs, including reasonable

attorney's fees, incurred by or on behalf of the child.
N.D. Cent. Code § 27-05-03.2 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-03.2
27-05-03.2. Judicial retirement salary payable to judge retired for mental or physical disability
Status: in_force

27-05-03.2. Judicial retirement salary payable to judge retired for mental or physical

disability.

If a judge of the supreme court or a judge of the district court retires under the provisions of

section 27-05-03.1, the judge shall receive the compensation allotted to the judge's office for the

remainder of the judge's term and thereafter judicial retirement salary as provided for in

subsection 3 of section 27-17-01, regardless of the judge's age or years of service at that time.

The provisions of this section are applicable to those judges who retire pursuant to section

27-05-03.1 after January 1, 1973.
N.D. Cent. Code § 27-20.5-09 — ND Code / Title 27 / Chapter 27-20.5 / Section 27-20.5-09
27-20.5-09. Disposition (Effective after January 1, 2027)
Status: in_force

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

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.
N.D. Cent. Code § 27-20.2-21 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-21
27-20.2-21. Inspection of court files and records - Penalty
Status: in_force

27-20.2-21. Inspection of court files and records - Penalty

1. Except as provided in this section, all files and records of the juvenile court, whether in

the office of the clerk of court or juvenile court, of a proceeding under this chapter are

closed to the public. Juvenile court files and records are open to inspection only by:

a. The judge and staff of the juvenile court.

b. The parties to the proceeding or the parties' counsel or the guardian ad litem of

any party.

c. A public or private agency or institution providing supervision or having custody of

the child under order of the juvenile court which must be given a copy of the

findings and order of disposition when the agency or institution receives custody

of the child. If a case involves the federal Indian Child Welfare Act of 1978

[25 U.S.C. 1901 through 1963], the agency or institution having custody of the

child shall serve the appropriate Indian Child Welfare Act service agent, tribe or

tribal designee, or an Indian Child Welfare Act qualified expert witness with the

findings and order of disposition.

d. Any court and the court's probation and other officials or professional staff and

the attorney for the defendant for use in preparing a presentence report in a

criminal case in which the defendant is convicted and who, before the criminal

case, had been a party to the proceeding in juvenile court.

e. The professional staff of the uniform crime victims compensation program if

necessary for the discharge of the duties of the staff pursuant to chapter 54-23.4.

f. A staff member of the division of children and family services of the department of

health and human services or a law enforcement officer if necessary for the

performance of that staff member's duties under section 50-11.1-06.2 or the

federal National Child Protection Act of 1993 [Pub. L. 103-209; 107 Stat. 2490;

42 U.S.C. 5119 et seq.].

g. An employee or agent of the department of health and human services if

necessary for performance of that individual's duty under chapter 50-11 or

50-11.1 to investigate the background of an individual living or working in the

facility, home, or residence for which licensure is sought.

h. A criminal justice agency if the juvenile is required to register under section

12.1-32-15.

i. The staff of a children's advocacy center if the juvenile or a victim of the child has

been referred for or has received services at the children's advocacy center.

j. A victim of the delinquent child or the victim's guardian. All records including

medical, educational, and school information must be redacted before inspection.

For purposes of this subdivision, only records pertaining to the specific offense

between the victim and the delinquent child may be inspected.

k. The information technology department to the extent authorized by the supreme

court for use in the statewide longitudinal data system.

l. The staff of a juvenile detention center or the staff of a juvenile intake and

assessment center designated by the court to assist in performing and scoring

the detention screening tool.

m. The information technology department to the extent authorized by the supreme

court for use in the statewide longitudinal data system.

2. Juvenile court files and records are also open to inspection with written leave of a

juvenile court judge or judicial referee to whom juvenile court matters have been

referred:

a. Upon a showing in writing of a legitimate interest in a proceeding or in the work of

the juvenile court, but only to the extent necessary to respond to the legitimate

interest; and

b. By the principal of any public or private school that is a member of the North

Dakota high school activities association, or the superintendent of any school

district that has one or more schools involved in the association, but only to the

extent necessary to enforce the rules and regulations of the North Dakota high

school activities association.

3. In a proceeding under this chapter, if the juvenile court finds a child committed a

delinquent act that constitutes a violation of a law or local ordinance governing the

operation of a motor vehicle or a delinquent act of manslaughter or negligent homicide

caused by the child's operation of a motor vehicle, the juvenile court shall report the

finding to the director of the department of transportation within ten days.

4. Following an adjudication of delinquency for an offense that would be a felony if

committed by an adult, the child's school principal, chief administrative officer, or

designated school guidance counselor, if requested, must be allowed access to the

disposition order. Any other juvenile court files and records of a child may be disclosed

to a superintendent or principal of the school in which the child is currently enrolled or

in which the child wishes to enroll if the child's documented behavior appears to

present a danger to self or to the students or staff of the school.

5. Following an adjudication of delinquency for an offense that results in the prohibitions

included in subsection 1 or 2 of section 62.1-02-01, if requested, a law enforcement

officer must be allowed access to the disposition order.

6. The juvenile court may notify a referring agency of the disposition of a case.

7. Notwithstanding that juvenile court records are closed to the public, nothing in this

section may be construed to limit the release upon request of general information not

identifying the identity of any juvenile, witness, or victim in any proceeding under this

chapter. Files in the clerk of court's office are open to public inspection if the related

hearing was open to the public under section 27-20.3-13.

8. To the extent necessary to provide victim services or benefits under chapter 12.1-41,

the judge and staff of the juvenile court may disclose information to refer a child, who

may be a victim of human trafficking, to a program for runaway and homeless children

located in the state and approved by the juvenile court of jurisdiction. Information

disclosed under this subsection must remain confidential.

9. An individual with access or authorization to inspect juvenile court files and records

under this section may not share the information contained in the files and records with

any other person not authorized by law. An individual who violates this subsection is

guilty of a class B misdemeanor.
N.D. Cent. Code § 27-25-02 — ND Code / Title 27 / Chapter 27-25 / Section 27-25-02
27-25-02. Creation and composition of committee - Terms of office - Appointment - Vacancies
Status: in_force

27-25-02. Creation and composition of committee - Terms of office - Appointment -

Vacancies.

1. A judicial nominating committee is hereby created to consist of six permanent

members and three temporary members.

2. The governor, the chief justice, and the president of the state bar association each

shall appoint two permanent members to the committee, one of whom is a judge or an

attorney authorized to practice law in the state and one of whom is not a judge, former

judge, or attorney. The term of each member is three years. Initially, as determined by

lot, two members shall serve for two years, and two members shall serve for one year.

At the end of the member's term, the appointing authority shall appoint a successor for

a full three-year term. No member may serve for more than two three-year terms. A

vacancy must be filled by the appointing authority for the remainder of the term. The

governor shall designate one of the members as chairman of the committee.

3. Each appointing authority shall appoint an additional temporary member, from the

judicial district having a vacancy, to serve on the committee for the time necessary to

fill the vacancy. If two or more vacancies in the office of district judge occur in one

district at the same time, the committee may submit a combined list to the governor.

4. The judicial nominating committee for vacancies in the office of supreme court judge

must be composed of the six permanent members. If two or more vacancies occur in

the office of the supreme court judge at the same time, the committee may submit a

combined list of candidates to the governor.

5. The executive director of the state bar association shall serve as nonvoting secretary

of the committee.
N.D. Cent. Code § 27-02-14 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-14
27-02-14. Effective date of rules promulgated by supreme court
Status: repealed

27-02-14. Effective date of rules promulgated by supreme court

Repealed by S.L. 1981, ch. 317, § 1.
N.D. Cent. Code § 27-09.1-03 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-03
27-09.1-03. Definitions
Status: in_force

27-09.1-03. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Clerk" and "clerk of court" include any deputy clerk.

2. "Court" means the district court of this state, and includes, when the context requires,

any judge of the court.

3. "Lists of actual voters" means the official records of persons actually voting in the most

recent general election.

4. "Master list" means the list of actual voters for the county which shall be supplemented

with names from other sources prescribed pursuant to this chapter (section

27-09.1-05) in order to foster the policy and protect the rights secured by this chapter

(sections 27-09.1-01 and 27-09.1-02).
N.D. Cent. Code § 27-20.3-26 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-26
27-20.3-26. Limitations of time on orders of disposition
Status: in_force

27-20.3-26. Limitations of time on orders of disposition

1. An order terminating parental rights is without limit as to duration.

2. An order of disposition requiring services for the family without the removal of custody

may not exceed twelve months from disposition unless extended by the court. The

human service zone may request two extensions of up to four months each for the

family to complete the treatment goals of the court order and the case plan.

3. Except as provided in subsection 2, an order of disposition pursuant to which a child is

placed in foster care may not continue in force for more than twelve months after the

child is considered to have entered foster care. Before the extension of any court order

limited under this subsection, a permanency hearing must be conducted. Any other

order of disposition may not continue in force for more than twelve months.

4. Unless the requirements of a permanency hearing were fulfilled at the hearing, a

permanency hearing must be held within thirty days of the court's determination that

reasonable efforts to return the child home are not required.

5. Except after a termination of parental rights finding, the court may terminate an order

of disposition before the expiration of the order or extend its duration for further

periods. An order of extension may be made if:

a. A hearing is held before the expiration of the order upon motion of a party or on

the court's own motion;

b. Reasonable notice of the hearing and opportunity to be heard are given to the

parties affected;

c. The court finds the extension is necessary to accomplish the purposes of the

order extended; and

d. The extension does not exceed twelve months from the expiration of an order

limited by subsection 3 or two years from the expiration of any other limited order.

6. The court may terminate an order of disposition or extension before its expiration, on

or without an application of a party, if it appears to the court the purposes of the order

have been accomplished. If a party may be affected adversely by the order of

termination, the order may be made only after reasonable notice and opportunity to be

heard have been given to the party.

7. Except as provided in subsection 1, when the child attains the age of eighteen years,

all orders affecting the child who is the subject of a child in need of protection order

then in force terminate and the child is discharged from further obligation or control.

8. If an order of disposition is made with respect to a child under the age of ten years

pursuant to which the child is placed in foster care without terminating parental rights

and the parent and child relationship, the court, before extending the duration of the

order, shall determine upon the extension hearing whether the child is adoptable and

whether termination of those rights and that relationship is warranted under section

27-20.3-20 and is in the best interest of the child. In that case the notice of the

extension hearing also must inform the parties affected that the court will determine

whether the child is adoptable and whether termination of their parental rights and the

parent and child relationship is warranted and in the best interest of the child and that

a further order of disposition may be made by the court placing the child with a view to

adoption. If the court determines the child is adoptable and termination of parental

rights and the parent and child relationship is warranted and is in the best interest of

the child, the court shall make a further order of disposition terminating those rights

and that relationship and committing the child under section 27-20.3-24.
N.D. Cent. Code § 27-20.2-12 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-12
27-20.2-12. Right to counsel
Status: in_force

27-20.2-12. Right to counsel

1. Except as provided in section 27-20.1-09, a child alleged to be within the jurisdiction of

the court in an action arising under chapters 27-20.1, 27-20.2, 27-20.3, and 27-20.4

has the right to be represented by counsel in all proceedings in which a petition has

been filed. Counsel for the child must be appointed, regardless of income, unless

counsel is retained for the juvenile, in any proceeding in which the juvenile is alleged

to be:

a. Delinquent; or

b. A child in need of protection if the child is of sufficient age and competency to

assist counsel.

2. A child may waive the right to counsel in a juvenile delinquency proceeding if the child,

who is fourteen years of age or older and the court has determined the waiver is

knowing, voluntary, and intelligent. The waiver must be made on the record. If a child

waives counsel for a hearing, the child must be informed of the right to revoke the

waiver and request counsel at all subsequent hearings.

3. The court may require payment for reimbursement of counsel appointed pursuant to

this section from a person that has legal care, custody, or control of the child. The

court must include a finding regarding reimbursement in the findings of fact and order

for disposition.

4. A child's parent, legal guardian, or custodian is entitled to counsel upon the filing of an

application for counsel and a determination of indigency. If a party appears without

counsel, the court shall determine whether the party knows the party may be

represented by counsel and that the party is entitled to counsel at public expense if

indigent. The court may continue the proceeding to enable a party to obtain counsel. A

child's parent, legal guardian, or custodian determined to be indigent is entitled to

counsel:

a. At a detention hearing;

b. At the dispositional stage of a juvenile delinquency matter;

c. At all proceedings in a child in need of protection; or

d. In a permanency or review of an order entered in any of the proceedings under

subdivision a, b, or c.

5. The child may elect to be represented by counsel for a nonjudicial adjustment.
N.D. Cent. Code § 27-05.2-01 — ND Code / Title 27 / Chapter 27-05.2 / Section 27-05.2-01
27-05.2-01. Statement of intent
Status: in_force

27-05.2-01. Statement of intent

It is the intent of the legislative assembly that adequate and proper judicial services,

including clerk of district court services, be provided in each county in this state. It is also the

intent of the legislative assembly that funding for clerk of district court services be provided by

the state judicial system within the limits of legislative appropriations and in cooperation with the

several boards of county commissioners of the various counties in this state.
N.D. Cent. Code § 27-20.4-02 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-02
27-20.4-02. Jurisdiction
Status: in_force

27-20.4-02. Jurisdiction

Jurisdiction as set forth in section 27-20.2-03 is applicable to this chapter.
N.D. Cent. Code § 27-09.1-18 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-18
27-09.1-18. Court rules
Status: in_force

27-09.1-18. Court rules

The supreme court of this state may make and amend rules, not inconsistent with this

chapter, regulating the selection and service of jurors.
N.D. Cent. Code § 27-05-30 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-30
27-05-30. Judicial referees
Status: in_force

27-05-30. Judicial referees

1. The presiding judge of a judicial district, on behalf of the judges of the district, may

appoint one or more referees to serve on a full-time or part-time basis. A referee is

entitled to receive a salary within the limits of legislative appropriation.

2. In accordance with rules of the supreme court, the presiding judge may assign a

referee to preside in any case or proceeding provided for in chapter 12.1-31.2, title 14,

sections 20.1-01-28 and 20.1-01-29, chapters 27-20.2, 27-20.3, 27-20.4, and 28-25,

subsection 6 of section 50-09-08.6, and subsection 2 of section 50-09-14.

3. The supreme court may promulgate rules for the qualification of referees, the extent

and assignment of authority by the presiding judge, procedure, and the conduct of the

office, including regulations for training sessions and continuing education.
N.D. Cent. Code § 27-10-21 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-21
27-10-21. Sheriff liable for insufficient surety - Enforcement of liability
Status: repealed

27-10-21. Sheriff liable for insufficient surety - Enforcement of liability

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-02.2-06 — ND Code / Title 27 / Chapter 27-02.2 / Section 27-02.2-06
27-02.2-06. Agreement for payment of recruitment and retention assistance - Repayment
Status: in_force

27-02.2-06. Agreement for payment of recruitment and retention assistance -

Repayment.

1. An agreement for the payment of recruitment and retention assistance under this

chapter must require the county or municipality served by the attorney to provide

thirty-five percent of the total amount of the incentive payment in five equal

installments.

2. The state bar association of North Dakota, the North Dakota bar foundation, or any

other legal association in North Dakota shall pay fifteen percent of the annual

installment to the supreme court.

3. After the county or municipality certifies to the supreme court that the county or

municipality has paid the attorney the annual amount and the state bar association of

North Dakota, the North Dakota bar foundation, or any other legal association in North

Dakota has paid its installment to the supreme court, the supreme court shall pay the

attorney the remaining balance of the annual installment.

4. Subject to appropriation by the legislative assembly, the supreme court shall pay the

required amount of funds pursuant to this chapter and the funds received from the

state bar association of North Dakota, the North Dakota bar foundation, or any other

legal association in North Dakota, as required under this chapter, to an attorney

participating in the program.

5. If an attorney breaches the agreement, the attorney shall repay all funds received

under this chapter and under the terms and conditions set by the supreme court.

Failure to repay the funds is grounds for discipline by the supreme court.
N.D. Cent. Code § 27-05-27 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-27
27-05-27. Motions before trial judge
Status: in_force

27-05-27. Motions before trial judge

Superseded by N.D.R.Ct. 3.3.
N.D. Cent. Code § 27-23-10 — ND Code / Title 27 / Chapter 27-23 / Section 27-23-10
27-23-10. Fees and mileage of witnesses
Status: in_force

27-23-10. Fees and mileage of witnesses

Each witness, other than an officer or employee of the state or a political subdivision or an

officer or employee of a court of this state, shall receive for the witness's attendance the same

fees and all witnesses shall receive the same mileage allowed by law to a witness in a civil

case. The amounts must be paid by the commission from funds appropriated for the use of the

commission.
N.D. Cent. Code § 27-20.6-07 — ND Code / Title 27 / Chapter 27-20.6 / Section 27-20.6-07
27-20.6-07. Right to appointed counsel
Status: in_force

27-20.6-07. Right to appointed counsel

1. A child within the jurisdiction of the court in an action arising under this chapter has the

right to be represented by counsel in all proceedings in which a petition has been filed.

The court shall appoint counsel to represent the child, regardless of income, unless

counsel is retained for the child, in any proceeding in which the child is of sufficient age

and competency to assist counsel.

2. A child who is fourteen years of age or older may waive the right to counsel. The

waiver must be made on the record and the court shall determine if the waiver is

knowing, voluntary, and intelligent. If a child waives counsel for a hearing, the court

shall inform the child of the right to revoke the waiver and request counsel at all

subsequent hearings.

3. A genetic parent is entitled to counsel upon the filing of an application for counsel and

a determination of indigency. If a party appears without counsel, the court shall

determine whether the party knows the party may be represented by counsel and the

party is entitled to counsel at public expense if indigent. The court may continue the

proceeding to enable a party to obtain counsel.
N.D. Cent. Code § 27-10-04 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-04
27-10-04. Penalty for civil contempt - When party injured indemnified instead of fine being imposed
Status: repealed

27-10-04. Penalty for civil contempt - When party injured indemnified instead of fine

being imposed.

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-19-07 — ND Code / Title 27 / Chapter 27-19 / Section 27-19-07
27-19-07. Contempt powers
Status: in_force

27-19-07. Contempt powers

In addition to other authority conferred by this chapter, the courts of this state have the

power to hold persons in contempt of court in order to maintain the dignity of the courts and

enforce their orders.
N.D. Cent. Code § 27-01-01 — ND Code / Title 27 / Chapter 27-01 / Section 27-01-01
27-01-01. Courts composing judicial system of state - Those constituting courts of record
Status: in_force

27-01-01. Courts composing judicial system of state - Those constituting courts of

record.

The following are the courts of justice of this state:

1. The supreme court;

2. The district courts; and

3. Such other courts as are or may be created by law for cities.

Of these the supreme court and the district courts are courts of record.
N.D. Cent. Code § 27-17-01 — ND Code / Title 27 / Chapter 27-17 / Section 27-17-01
27-17-01. Retirement of supreme court judges and district court judges
Status: in_force

27-17-01. Retirement of supreme court judges and district court judges

1. Every judge of the supreme court or of the district court, including one who has served

or shall have served in either or both capacities, shall, at the time the judge ceases to

be such judge and regardless of the individual's age at that time and without further

payment by that individual into the judicial retirement fund, acquire a vested right to the

judicial retirement salary herein provided for, payable upon application therefor at any

time after that individual has attained any of the retirement ages with years of service,

as follows:

a. 65 and 20 years of service;

b. 66 and 18 years of service;

c. 67 and 16 years of service;

d. 68 and 14 years of service;

e. 69 and 12 years of service; or

f. 70 and 10 years of service.

Provided, however, that any judge of the supreme court or district court who is

appointed or elected to such court from and after July 1, 1960, who has become

eligible for retirement hereunder but fails to make application therefor prior to attaining

the age of seventy-three years, shall automatically waive all retirement benefits

hereunder and shall receive a return of only such moneys as have been retained by

the state of North Dakota as a judicial retirement assessment, upon the salary of such

judge.

2. If a judge has served fewer than the years of service above required for any given

retirement age, the judge is entitled to receive judicial retirement salary only in

proportion that the judge's years of service bear to the years of service otherwise

required for retirement at such age. Any judge who has not served at least ten years

on reaching that individual's seventy-third birthday may not be deemed to have waived

retirement benefits under this chapter, provided the judge retires at the expiration of

the judge's present term.

3. The amount of judicial retirement salary payable to a retired judge under subsection 1

must be equal to fifty percent of the annual salary payable to judges of the

classification the retired judge had at the time the individual retired, provided that prior

to retirement the individual was re-elected as a judge of either the supreme or district

court following July 1, 1973, but in no event may the individual's judicial retirement

salary be computed upon a judicial salary less than the one the individual last received

prior to re-election. The amendment to this section may not be construed to affect

supreme or district court judges who shall have retired prior to July 1, 1973, or who

shall retire during or at the end of their term of office which commenced prior to that

date. As used in this subsection, the word "re-elected" also includes election of a

former district judge to the supreme court, and election of a former supreme court

judge to the district court.

4. The judicial retirement salary payable under this section must be paid to the retired

judge during the remainder of the individual's natural life and must be paid by the

director of the office of management and budget, within thirty days after receiving

application therefor, in the same manner as salaries are paid to judges of the district

court and judges of the supreme court, except that judicial retirement salaries are not

subject to judicial retirement assessment.

5. In lieu of receiving the judicial retirement salary otherwise payable under this chapter,

the judge, at any time after having attained retirement age, may irrevocably elect to

receive judicial retirement salary according to one of the following optional modes of

payment:

a. First Option. Three-fourths of the judge's retirement salary payable to the judge

alone until death and thereafter one-half of such amount payable to the surviving

spouse upon the spouse's attaining sixty-two years of age and until the spouse

remarries or dies.

b. Second Option. Two-thirds of the judge's retirement salary payable to the judge

alone until death and thereafter a like amount payable to the surviving spouse

upon the spouse's attaining sixty-two years of age and until the spouse remarries

or dies.

c. Third Option. One-half of the judge's retirement salary payable to the judge until

death and a like amount payable to the spouse upon the spouse's attaining

sixty-two years of age and so long as the spouse continues to be the judge's

spouse or unremarried surviving spouse.

The election of one of the foregoing optional modes of payment must be made in the

application for payment of judicial retirement salary, or by written declaration of such

election, signed by the judge and delivered to the director of the office of management

and budget. In the event the judge has elected an optional mode of payment and dies

without having made application for judicial retirement salary, the judicial retirement

salary payable to the surviving spouse according to the judge's option is payable to the

surviving spouse in the same manner as if the judge had made application for judicial

retirement salary. In the event that a judge entitled to retirement pay dies without

having elected an optional mode of payment, the surviving spouse is entitled to

payments as provided by the first option as set forth in subdivision a. Judicial

retirement salary payable according to one of the foregoing optional modes of

payment must be paid in like manner as the full judicial retirement salary is paid. Any

judge who retired prior to the effective date of the amendment to this section as

provided for in chapter 222 of the 1961 Session Laws, and otherwise eligible for the

optional modes of payment herein provided for, may apply for one of the optional

modes of payment by written declaration to the director of the office of management

and budget; provided, however, such judge shall repay to the state treasury the

amount of money the individual has drawn since the date of the individual's retirement

in excess of what the individual would have drawn if the individual had chosen the

optional mode of payment now applied for at the date of the individual's retirement.
N.D. Cent. Code § 27-21-00.1 — ND Code / Title 27 / Chapter 27-21 / Section 27-21-00.1
27-21-00.1. Definitions
Status: in_force

27-21-00.1. Definitions

As used in this chapter:

1. "Placement hearing" means a review of the placement of a child by a team of at least

three individuals, selected by the division director, who have not had a direct

involvement with the child. The child, or the child's representative, must be given the

opportunity to inform the reviewing team of the child's interest and concerns. A

summary record of these proceedings must be made.

2. "Temporary placement" means the placement of a child who may be a danger to self

or others in a facility or setting for a short period of time until the most appropriate

placement can be determined for the child. A temporary placement may also be the

prompt removal of a child from a placement into an alternative setting until another

more appropriate setting can be found.
N.D. Cent. Code § 27-11-25 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-25
27-11-25. Attorneys admitted in other states admitted without examination
Status: repealed

27-11-25. Attorneys admitted in other states admitted without examination

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 27-20.4-10 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-10
27-20.4-10. Diversion
Status: in_force

27-20.4-10. Diversion

1. Before an informal adjustment is held or a petition is filed, the director of juvenile court

or designee may determine that no further action is required or impose conditions in

lieu of further proceedings for the conduct and control of the child with a diversion to a

community-based program or service.

2. A child referred to the court may be considered for diversion if any of the following

criteria are met:

a. The referral is for a delinquent act that is not an offense requiring a notification to

be sent to the department of transportation;

b. The referral is for a delinquent act that has not been previously diverted more

than twice by the juvenile court within the last twelve months; or

c. The referral is not an offense that could require sex offender registration.
N.D. Cent. Code § 27-11-05 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-05
27-11-05. Applicants for admission to bar to be examined by state bar board - Exception
Status: repealed

27-11-05. Applicants for admission to bar to be examined by state bar board -

Exception.

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 27-20.2-28 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-28
27-20.2-28. In-state placement of juveniles - Exception
Status: in_force

27-20.2-28. In-state placement of juveniles - Exception

Except for cases in which the specific necessary treatment is unavailable in the state or

cases in which the appropriate treatment or services cannot be provided in a timely manner in

the state, all juveniles in need of residential treatment or residential care placement must be

placed in in-state residential facilities.
N.D. Cent. Code § 27-11-21 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-21
27-11-21. Certificate of admission - When issued - Contents
Status: in_force

27-11-21. Certificate of admission - When issued - Contents

Each applicant admitted to the bar of this state shall receive a certificate of admission. Such

certificate must be issued in the name of the supreme court of the state of North Dakota, must

certify that the person named therein has been duly admitted as an attorney and counselor of

such court, and as such is authorized to appear in the same and in all other courts of this state,

must be signed by the clerk of the supreme court, and must bear the seal of such court.
N.D. Cent. Code § 27-04-08 — ND Code / Title 27 / Chapter 27-04 / Section 27-04-08
27-04-08. Sale and disposal of books and other library materials by supreme court reporter
Status: repealed

27-04-08. Sale and disposal of books and other library materials by supreme court

reporter.

Repealed by S.L. 2019, ch. 251, § 1.
N.D. Cent. Code § 27-20.6-13 — ND Code / Title 27 / Chapter 27-20.6 / Section 27-20.6-13
27-20.6-13. Denial - Subsequent petitions
Status: in_force

27-20.6-13. Denial - Subsequent petitions

If the court denies a petition under this chapter after a hearing, the court may issue a written

order barring the filing of a subsequent petition by the genetic parent. The court shall provide

the length of time the genetic parent is barred from filing a subsequent petition, make written

findings in support of the order, and evaluate the best interests of the child.
N.D. Cent. Code § 27-20.1-10 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-10
27-20.1-10. Conduct of hearings
Status: in_force

27-20.1-10. Conduct of hearings

1. A hearing under this chapter must be conducted by the court without a jury, in an

informal but orderly manner, and separately from other proceedings not included in

section 27-20.2-03 or section 27-20.1-02.

2. The proceedings must be recorded by stenographic notes or by electronic,

mechanical, or other appropriate means.

3. The petitioner shall present the evidence in support of any allegations of the petition

not admitted.

4. The general public must be excluded from the hearing and only the parties, their

counsel, witnesses, victims, and any other persons the court finds to have an interest

in the proceedings may be admitted. The court may temporarily exclude the child or

other person from the hearing if, after being warned by the court that disruptive

conduct will cause removal from the courtroom, the child or other person persists in

conduct justifying removal from the courtroom.

5. If the child has or will have significant excess assets, the court shall determine whether

a conservatorship is necessary under chapter 30.1-29.
N.D. Cent. Code § 27-19-09 — ND Code / Title 27 / Chapter 27-19 / Section 27-19-09
27-19-09. Tribal ordinances and customs preserved
Status: in_force

27-19-09. Tribal ordinances and customs preserved

Any tribal ordinance or custom heretofore or hereafter adopted by any Indian tribe, band, or

community, in the exercise of any authority which it may possess must, if not inconsistent with

the applicable civil law of this state, be given full force and effect in the determination of civil

claims for relief pursuant to this section.
N.D. Cent. Code § 27-08.1-06 — ND Code / Title 27 / Chapter 27-08.1 / Section 27-08.1-06
27-08.1-06. Judgment unsatisfied - Docketing - Execution
Status: repealed

27-08.1-06. Judgment unsatisfied - Docketing - Execution

Repealed by S.L. 1997, ch. 263, § 5.
N.D. Cent. Code § 27-11-03 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-03
27-11-03. Qualifications of applicants for admission to practice law
Status: repealed

27-11-03. Qualifications of applicants for admission to practice law

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 27-13-14 — ND Code / Title 27 / Chapter 27-13 / Section 27-13-14
27-13-14. Attorney for attorney fiduciary required - Exception
Status: in_force

27-13-14. Attorney for attorney fiduciary required - Exception

An attorney who serves as a fiduciary of an estate, trust, or conservatorship must be

represented by another attorney. The attorney who serves as fiduciary or the attorney's law firm

may not serve as attorney for the fiduciary. This section does not apply to United States

bankruptcy court proceedings or to matters in which the decedent, trustor, beneficiary, or

protected individual is a spouse, child, grandchild, parent, grandparent, or sibling of the attorney

serving as a fiduciary.
N.D. Cent. Code § 27-05-12 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-12
27-05-12. Fourth judicial district - General terms
Status: repealed

27-05-12. Fourth judicial district - General terms

Repealed by S.L. 1947, ch. 229, § 2.
N.D. Cent. Code § 27-05-29 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-29
27-05-29. District judges may assign additional duties to juvenile supervisors - Authority of supreme court
Status: repealed

27-05-29. District judges may assign additional duties to juvenile supervisors -

Authority of supreme court.

Repealed by S.L. 2007, ch. 274, § 36.
N.D. Cent. Code § 27-12-06 — ND Code / Title 27 / Chapter 27-12 / Section 27-12-06
27-12-06. Method of expenditure of association's funds - Annual report of receipts and disbursements
Status: in_force

27-12-06. Method of expenditure of association's funds - Annual report of receipts

and disbursements.

Expenditures of funds from the state bar association special fund, which consists of all

moneys or fees collected or received by the association and which is deposited or disbursed in

accordance with section 54-44-12, must be approved by the president and executive director of

said association. The secretary-treasurer of said association, in addition to the duties imposed

by the constitution, bylaws, and rules of the association, annually shall file in the office of the

secretary-treasurer of the state board of law examiners an itemized statement of the receipts

and disbursements of said association.
N.D. Cent. Code § 27-20.6-12 — ND Code / Title 27 / Chapter 27-20.6 / Section 27-20.6-12
27-20.6-12. Order re-establishing parental rights - Effect
Status: in_force

27-20.6-12. Order re-establishing parental rights - Effect

1. In granting a petition for re-establishment of the legal parent and child relationship, the

court shall enter its finding in a written order providing that from the date of the order of

re-establishment of parental rights, the child is the child of the genetic parent whose

rights were terminated and must be accorded all the same rights as existed before the

order terminating parental rights, including inheritance rights. The order must include

that all legal rights, powers, privileges, immunities, duties, and obligations to each

other as genetic parent and child are re-established.

2. As of the effective date of a court order providing for the re-establishment of the legal

parent and child relationship:

a. The child is the legal child of the genetic parent;

b. The genetic parent whose rights were terminated under a previous order of the

court is restored to the status of legal parent of the child and all rights, powers,

privileges, immunities, duties, and obligations that were severed and terminated

by the court under section 27-20.3-20 are restored;

c. The order placing the child under the care, custody, and control of the human

service zone or division of juvenile services is terminated; and

d. Permanent legal and physical custody of the child is awarded to the genetic

parent.

3. An order re-establishing the legal parent and child relationship as to one genetic

parent of the child has no effect on:

a. The legal rights of any other genetic parent whose rights to the child have been

terminated by the court; or

b. The legal sibling relationship between the child and any other children of the

genetic parent.
N.D. Cent. Code § 27-10-24 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-24
27-10-24. Appeal to supreme court from final order adjudging a person guilty of contempt
Status: repealed

27-10-24. Appeal to supreme court from final order adjudging a person guilty of

contempt.

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-02.2-11 — ND Code / Title 27 / Chapter 27-02.2 / Section 27-02.2-11
27-02.2-11. Ineligibility for participation in other program
Status: in_force

27-02.2-11. Ineligibility for participation in other program

If an individual has previously participated in an attorney recruitment and retention program

under this chapter, or any other state or federal scholarship, loan repayment, or tuition

reimbursement program requiring the individual to provide attorney services within an

underserved area, the individual may not participate in another attorney recruitment and

retention program under this chapter.
N.D. Cent. Code § 27-05.2-03 — ND Code / Title 27 / Chapter 27-05.2 / Section 27-05.2-03
27-05.2-03. Fees to be charged by the clerk of the district court
Status: in_force

27-05.2-03. Fees to be charged by the clerk of the district court

1. A clerk of the district court shall charge and collect the following fees in civil cases:

a. For filing a case for decision that is not under subdivision b or e, one hundred

sixty dollars.

(1) Thirty dollars of this fee must be paid by the clerk of court to the state

treasurer for deposit in the civil legal services fund. Any fees collected under

this paragraph which exceed nine hundred thousand dollars in any biennium

must be paid by the clerk of court to the state treasurer for deposit in the

state general fund.

(2) One hundred thirty dollars of this fee must be paid by the clerk of court to

the state treasurer for deposit in the state general fund.

b. For filing a petition for dissolution of marriage, annulment, or separation, one

hundred sixty dollars.

(1) Thirty dollars of this fee must be paid by the clerk of court to the state

treasurer for deposit in the civil legal services fund. Any fees collected under

this paragraph which exceed nine hundred thousand dollars in any biennium

must be paid by the clerk of court to the state treasurer for deposit in the

state general fund.

(2) One hundred dollars of this fee must be paid by the clerk of court to the

state treasurer for deposit in the displaced homemaker account under

section 14-06.1-14.

(3) Thirty dollars of this fee must be paid by the clerk of court to the state

treasurer for deposit in the state general fund.

c. For filing an answer to a case other than under subdivision d or e, one hundred

dollars. The clerk shall deposit this fee with the state treasurer for deposit in the

general fund in the state treasury.

d. For filing a motion to modify an order for spousal support, property division, child

support, parental rights and responsibilities, residential responsibility, parenting

time, one hundred sixty dollars. For filing an answer to a motion to modify an

order for spousal support, property division, child support, parental rights and

responsibilities, residential responsibility, or parenting time, one hundred dollars.

The clerk shall deposit this fee with the state treasurer for deposit in the general

fund of the state treasury.

e. For filing a small claims action in district court, twenty dollars.

f. For filing any matter authorized to be filed in the office of the clerk of court other

than under subdivision a, b, or c, twenty dollars.

g. For preparing, certifying, issuing, or transmitting any document, twenty dollars, or

a lesser fee as may be set by the state court administrator.

2. Section 27-01-07 applies to fees charged under this section. The clerk of court may

not charge or collect any fee, prescribed by this or any other section, from the state or

an agency thereof or from a political subdivision or agency thereof.
N.D. Cent. Code § 27-13-09 — ND Code / Title 27 / Chapter 27-13 / Section 27-13-09
27-13-09. Permitting use of or making use of attorney's name unlawful - Penalty
Status: in_force

27-13-09. Permitting use of or making use of attorney's name unlawful - Penalty

If any attorney knowingly permits any person, not the attorney's general law partner or a

clerk in the attorney's office, to sue out any process or to prosecute or defend any action in the

attorney's name, except as authorized by section 27-13-10, such attorney and every person

who shall so use the attorney's name is guilty of a class A misdemeanor.
N.D. Cent. Code § 27-02-07 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-07
27-02-07. Rules relating to the unauthorized practice of the law may be made by supreme court
Status: in_force

27-02-07. Rules relating to the unauthorized practice of the law may be made by

supreme court.

The supreme court of this state may make all necessary rules for the restraint of persons

unlawfully engaging in the practice of the law in this state.
N.D. Cent. Code § 27-10-14 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-14
27-10-14. Order directing punishment of and warrant of commitment of person found guilty of contempt
Status: repealed

27-10-14. Order directing punishment of and warrant of commitment of person found

guilty of contempt.

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-08.1-04.1 — ND Code / Title 27 / Chapter 27-08.1 / Section 27-08.1-04.1
27-08.1-04.1. Dismissal without prejudice
Status: in_force

27-08.1-04.1. Dismissal without prejudice

If the judge determines at any stage of the proceedings that the case may not be fairly

disposed of in small claims court, the judge may dismiss the case without prejudice. A

determination that a case may not be fairly disposed of in small claims court must be based on

complexity of factual or legal issues or a determination that relief other than money damages or

cancellation of an agreement is necessary to dispose of the case. If a case is dismissed under

this section, the filing fee must be refunded to the plaintiff.
N.D. Cent. Code § 27-15-07 — ND Code / Title 27 / Chapter 27-15 / Section 27-15-07
27-15-07. Bureau of statistics - Duties of officers - Information required
Status: repealed

27-15-07. Bureau of statistics - Duties of officers - Information required

Repealed by S.L. 1977, ch. 269, § 1.
N.D. Cent. Code § 27-02-26 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-26
27-02-26. Uniform traffic summons and complaint
Status: repealed

27-02-26. Uniform traffic summons and complaint

Repealed by S.L. 1959, ch. 249, § 2.
N.D. Cent. Code § 27-20.3-03 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-03
27-20.3-03. Venue
Status: in_force

27-20.3-03. Venue

Except as otherwise provided by this section, a proceeding under this chapter must be

commenced in the county in which the child resides. If a child in need of protection is alleged,

the proceeding may be brought in the county in which the child is present at the time the

proceeding is commenced, the county in which the child has resided for the majority of the thirty

days before the date of the alleged need for protection, or the county in which the alleged need

for protection has occurred. The court shall determine the appropriate venue for a child in need

of protection based on the best interest of the child.
N.D. Cent. Code § 27-11-10 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-10
27-11-10. Officers of state board of law examiners
Status: in_force

27-11-10. Officers of state board of law examiners

The state board of law examiners shall elect one of its members president, who holds office

for a term of two years and until a successor is duly elected and qualified. The clerk of the

supreme court must be ex officio secretary-treasurer of the board.
N.D. Cent. Code § 27-12-05 — ND Code / Title 27 / Chapter 27-12 / Section 27-12-05
27-12-05. Bond of secretary-treasurer of bar association - Payment of premium
Status: in_force

27-12-05. Bond of secretary-treasurer of bar association - Payment of premium

The secretary-treasurer of the state bar association of North Dakota shall give a bond in the

sum of two thousand dollars, and the premium therefor must be paid out of the amount paid to

the said association from the state bar fund.
N.D. Cent. Code § 27-05-23 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-23
27-05-23. Judgments or orders improperly given in matters pending outside judge's district - Voidable - Vacating
Status: in_force

27-05-23. Judgments or orders improperly given in matters pending outside judge's

district - Voidable - Vacating.

No order or judgment given in any action or proceeding by a judge of a district court of this

state contrary to the limitations of the preceding section is void for that reason, but such order or

judgment must be vacated by the supreme court upon appeal, if the order or judgment is

appealable, or by any judge of the district in which such action or proceeding is pending if an

application for that purpose is made to such judge within thirty days from the time such order

was made or such judgment was given.