N.D. R. Juv. proce. 2

As amended through March 18, 2024

Rule 2 - HEARING TIME

(a) Hearing Time.

(1) Detention Hearing.

(A) The court must hold a detention hearing within 24 hours of the time a child is placed in detention to determine whether there is probable cause that a child committed an offense and that continued detention is required.

(B) The court must make findings that alternatives to detention were considered and why secure detention was required and alternatives were not appropriate.

(C) If a case is not disposed of within 60 days and the child remains in detention, an additional detention hearing must be held to determine if the child's continued detention is required under N.D.C.C. § 27-20.4-06.

(2) Shelter Care Hearing. The court must hold a shelter care hearing within 96 hours of the time a child is placed in shelter care to determine whether there is probable cause for the child to remain in shelter care.

(3) Petition Hearing. After the petition has been filed, the court must set a hearing, except in a continued foster care matter under N.D.C.C. § 27-20.3-16, in which a hearing is optional. In a juvenile guardianship matter, the court may not set a hearing until the petition has been approved. Under N.D.C.C. § 27-20.1-08, a petitioner in a juvenile guardianship matter, may request the court waive the hearing requirement.

(A) Unless a continuance is granted under Rule 2(c), the initial hearing on the petition must be held within 30 days after the filing of the petition.

(B) If the child is in detention, the time for the initial hearing on the petition must be held within 14 days after the child has been taken into custody.

(C) If a child is in protective care, the petition must be filed within 30 days after the child has been taken into protective care. The adjudication hearing on the petition must be held within 60 days of the initial removal.

(D) Except in a termination of parental rights case, if an initial hearing is held, the adjudication hearing must be held within 30 days of the initial hearing. Unless a continuance is granted under Rule 2(c).

(E) In a termination of parental rights case, the adjudication hearing must be held within 150 days of the initial hearing.

(b) Weekends and Holidays. If the period of time for a hearing expires on a Saturday, Sunday or legal holiday, the hearing must be held on the next day that is not a Saturday, Sunday or legal holiday.

(c) Continuance. The court may continue a hearing under Rule 9.

(d) Reliable Electronic Means. A judge or referee may conduct a hearing, conference, or other proceeding, or take testimony, by using contemporaneous audio or audiovisual transmission by reliable electronic means.

N.D. R. Juv. proce. 2

Effective Date 3/1/2010; 5/1/2015; amended effective 10/1/2019; 6/23/2021.

Explanatory Note

Rule 2 was adopted effective March 1, 2010; amended effective May 1, 2015; October 1, 2019; amended effective 6/23/2021.

Paragraph (a)(1) was amended, effective May 1, 2015, to require the court to make findings on alternatives to detention and to require an additional detention hearing if a case is not disposed of within 60 days and the child remains in detention.

Paragraph (a)(3) was amended, effective May 1, 2015, to clarify that a petition hearing is not required in a continued foster care matter under N.D.C.C. § 27-20.3-16.

Paragraph (a)(3) was amended, effective June 23, 2021, to provide that, in a juvenile guardianship matter, the court may not set a hearing until the petition has been approved.

Paragraph (a)(3) was amended, effective June 23, 2021, to move language relating to children in protective care to paragraph (a)(3)(C) and to add a new paragraph (a)(3)(E) specifying that, in a termination of parental rights case, the adjudication hearing must occur within 150 days of the initial hearing, unless a continuance is granted.

Paragraph (a)(3)(D) was amended, effective October 1, 2019, to clarify that, if an initial hearing is held in a case not involving termination of parental rights, the adjudication hearing must occur within 30 days, unless a continuance is granted.

Subdivision (d) was added, effective May 1, 2015, to allow hearings and other proceedings involving children to be conducted using contemporaneous audio or audiovisual transmission by reliable electronic means. The standards in N.D. Sup. Ct. Admin. R. 52 apply when reliable electronic means are used.

Rule 2 was amended, effective June 23, 2021, to update terminology and statutory references consistent with the July 1, 2021, amendments to the Juvenile Court Act, N.D.C.C. chs. 27-20.2, 27-20.3, and 27-20.4.

SOURCES: Juvenile Policy Board Minutes of June 11, 2021, page__; January 26, 2021, pages____; July 31, 2019, page 1; June 21, 2019, page 1-2; April 12, 2019, page 1-2; March 22, 2019 page 4-5; September 5, 2014, page 2; February 20, 2009; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007. Joint Procedure Committee Minutes of April 26, 2019, pages 10-12; January 29-30, 2015, pages 6-7; September 25-26, 2014, pages 4-5.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. 27-20.1-08; 27-20.4-06; 27-20.4-07; 27-20.4-08; 27-20.4-09; 27-20.3-16.

CROSS REFERENCE: N.D.R.Juv.P. 9 (Continuance); Unified Judicial System Policy 409 (Juvenile Court Time Standards); N.D. Sup. Ct. Admin. R. 52 (Contemporaneous Transmission by Reliable Electronic Means).