N.D.R.Juv.P.
RULE 2. HEARING TIME
(a) Hearing Time.
(1) Detention Hearing.
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.
(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 that for the child to remain in shelter care.
(3) Petition Hearing. After the petition has been filed, the court must set a hearing. (A) Unless a continuance is granted under Rule 2(c), the hearing on the petition must not be held later than 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 not be later than 14 days after the child has been taken into custody.
(C) If a child is in shelter care, the petition must be filed within 30 days after the child has been taken into shelter care. The hearing on the petition must be held and findings made within 60 days of the initial removal.
(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.
EXPLANATORY NOTE
Rule 2 was adopted effective __________________.
Sources: Juvenile Policy Board Minutes of February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 9, 2008; September 21, 2007; April 20, 2007.
Statutes Affected:
Superseded: N.D.C.C. § 27-20-22.
Considered: N.D.C.C. §§ 27-20-14; 27-20-15; 27-20-16; 27-20-17.
Cross Reference: N.D.R.Juv.P. 9 (Continuance); Unified Judicial System Policy 409
(Juvenile Court Time Standards).