27-21 Division of Juvenile Services
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<![CDATA[CHAPTER 27-21DIVISION OF JUVENILE SERVICES27-21-00.1. Definitions. As used in this chapter:1."Placement hearing" means a review of the placement of a child by a team of at<br>least three individuals, selected by the division director, who have not had a direct<br>involvement with the child. The child, or the child's representative, must be given<br>the opportunity to inform the reviewing team of the child's interest and concerns. A<br>summary record of these proceedings must be made.2."Temporary placement" means the placement of a child who may be a danger to<br>self or others in a facility or setting for a short period of time until the most<br>appropriate placement can be determined for the child. A temporary placement may<br>also be the prompt removal of a child from a placement into an alternative setting<br>until another more appropriate setting can be found.27-21-01. Creation of division of juvenile services - Director. A division of juvenileservices is hereby created and established with the powers and duties prescribed by this chapter.<br>The division of juvenile services must be created within the department of corrections and<br>rehabilitation, and its chief administrative officer must be appointed by the director of the<br>department of corrections and rehabilitation and must be known as the director of the division of<br>juvenile services. On July 27, 1989, each child committed to the custody of the state youth<br>authority will, by operation of law, be committed to the custody of the division of juvenile services<br>subject to the order committing the child.27-21-02. Division of juvenile services - Powers and duties. The division of juvenileservices is the administrative agency which shall take custody of delinquent and unruly children<br>committed to its care by the juvenile courts. Upon committing a child to the custody of the<br>division of juvenile services, the juvenile court, law enforcement officers, and other public officials<br>shall make available to the division of juvenile services all pertinent data in their possession with<br>respect to the child. Upon taking custody or if authorized by the court prior to receiving custody<br>of a child, the division of juvenile services shall process the child through such diagnostic testing<br>and evaluation programs as may be necessary to determine the treatment and rehabilitation<br>which is in the best interest of the child and in the best interest of the state. In doing so, the<br>division of juvenile services may utilize the psychological, addiction, psychiatric, career and<br>technical education, medical, and other diagnostic and testing services that are available,<br>examine all the pertinent circumstances, and review the reasons for the child's commitment.<br>Upon completion of the diagnostic testing and evaluation of a child committed to its custody, the<br>division shall make disposition under subsection 1, 2, or 3 and inform the court of its disposition.<br>Upon completion of the diagnostic testing and evaluation of a child not in its custody, the division<br>shall develop and recommend to the juvenile court an individualized treatment and rehabilitation<br>plan for the child. This plan must include recommendations for the disposition of the child as<br>follows:1.Placement in the care of the child's parent, relative, guardian, or in a foster home or<br>suitable private institution licensed by the state for the care or treatment and<br>rehabilitation of children;2.Placement in the care of the North Dakota youth correctional center or in a career<br>and technical education, training, or other treatment and rehabilitation institution for<br>children or young adults within this state; or3.Placement in the care of a career and technical education, training, or other<br>treatment and rehabilitation institution for children or young adults in another state in<br>the event that adequate facilities for the child's treatment and rehabilitation are not<br>available within this state and the committing juvenile court concurs in the<br>placement.Page No. 14.If the division of juvenile services receives any money on behalf of a child committed<br>to its custody and care under this section for child support, payments in excess of<br>foster care maintenance payments, or money received from the social security<br>administration, the division may establish an account for the child and use the<br>money in a manner it determines will serve the best interests of the child, including<br>setting aside any amounts for the child's future needs or making all or part of the<br>money available to the person responsible for meeting the child's daily needs to be<br>used for the child's benefit.27-21-02.1.Placement procedures.The division of juvenile services shall retaincustody of the child as granted by the authority of the committing court and the Uniform Juvenile<br>Court Act. The court in an order committing the child to the division may require court approval<br>before a placement may be made to a more restrictive setting. All other placements may be<br>made by the division at any time it appears to be in the child's best interest and in the best<br>interest of the state.1.A child, child's parent, or guardian who objects to a placement to a more restrictive<br>setting made by the division may request a placement hearing to review the<br>placement.2.In an emergency, or for reasons of safety and security, the division may temporarily<br>place a child in an appropriate facility.A child, child's parent, or guardian whoobjects to the temporary placement may request a placement hearing to review the<br>placement determined by the division.3.The division may conduct a permanency hearing, as authorized by section 27-20-36,<br>if an appropriate permanency plan may be carried out without exceeding the<br>division's authority.27-21-03. Temporary care. The division of juvenile services may, if other means areunavailable, place a child committed to its custody in the temporary care of the North Dakota<br>youth correctional center or a career and technical education, training, medical, psychiatric,<br>psychological, or other institution suitable for children within this state for not more than sixty<br>days, in order to provide for diagnostic testing and evaluation and other assessments pending<br>disposition under section 27-21-02.27-21-04. Creation of state youth authority advisory board - Members - Meetings -Powers and duties. Repealed by S.L. 1989, ch. 157, </p>
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