N.D. R. Juv. proce. 4

As amended through March 18, 2024

Rule 4 - INTERESTED PERSONS

Persons who may participate in a juvenile matter include:

(1) the parties as defined in Rule 3(b);

(2) the child's guardian ad litem;

(3) the victim to the extent required by N.D. Const. Art. I, § 25 in a delinquency case, if requested by the victim;

(4) in the case of an Indian child, and in accordance with N.D.C.C. § 27-20.2-15 and the Indian Child Welfare Act of 1978 [25 U.S.C. §§ 1901 through 1963 ], the child's Indian custodian and Indian tribe through the tribal representative;

(5) in the case of a foster child, the child's foster parents, pre-adoptive parents and relatives providing care for the child;

(6) any other person who is named by the court to be important to a resolution that is in the best interests of the child.

N.D. R. Juv. proce. 4

Effective Date3/1/2010; 5/1/2017; 7/1/2021.

Explanatory Note

Rule 4 was adopted effective March 1, 2010. Amended effective May 1, 2017; amended effective 7/1/2021.

In these rules, the term "guardian ad litem" includes lay and attorney guardians ad litem.

Paragraph (3) was added, effective May 1, 2017, to allow a victim, on request, to take part in a delinquency case. "Victim" is defined in N.D. Const. Art. I, § 25(4).

Paragraph (4) was amended, effective July 1, 2021, to reference N.D.C.C. § 27-20.2 - 15 and the Indian Child Welfare Act of 1978 [25 U.S.C. §§ 1901 through 1963 ].

SOURCES: Juvenile Policy Board Minutes of June 11, 2021; February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007. Joint Procedure Committee Minutes of January 26-27, 2017, pages 14-15; May 21-22, 2009.

STATUTES AFFECTED:

CONSIDERED: N.D. Const. Art. I, § 25; N.D.C.C. ch. 12.1-35; 27-20.2-15.

CROSS REFERENCE: N.D.R.Juv.P. 3 (Contents of Petition).