Juvenile courts must check youths' ability to participate starting in 2027

Courts must order a licensed psychiatrist or psychologist to examine a youth when there is reason to doubt the youth's ability to take part. These rules cover unmarried youths age ten or older in delinquency cases. They also cover unmarried adults for acts committed before age eighteen, unless the offense is transferred out of juvenile court. The court cannot decide the delinquency case until a lawyer is appointed and notified and the youth is found able to take part. Examinations must use the least restrictive setting and cannot take place in a treatment facility. Reports must close to the public once the case moves forward or the youth is found unable to take part. Courts may allow limited access for treatment, research, and specified court or agency work. Statements that could incriminate the youth during the examination cannot be used against the youth in any proceeding over an objection. These rules start January 2, 2027. Examinations must occur within twenty days of receiving required materials and notice of the order, with up to fifteen extra days for good cause. Reports are due within fifteen days of examination, and hearings within ten days of report filing.

Courts must dismiss certain lower-level cases and may dismiss or pause other cases when a youth cannot take part but may gain that ability. These rules apply when a covered youth cannot take part but may gain that ability during the court-ordered service period. Required dismissal covers infractions and class B misdemeanors, except those under chapter 12.1-17. Courts may dismiss or pause cases involving that exception, class A misdemeanors, or felonies. Before ordering learning opportunities, services, and support in a paused case, the court must hold a hearing to choose the least restrictive available setting. The state hospital and life skills and transition center are excluded. Renewal requires a progress report showing a substantial probability that the youth will become able to take part during the renewed order. Courts may dismiss a case before an examination or services based on previous court findings or records from the last twelve months showing the youth cannot take part. These rules start January 2, 2027. Orders last up to sixty days, with one renewal and a 120-day total limit. They end sooner if the youth becomes able to take part, improvement during the order becomes unlikely, or the case is dismissed.

Courts may dismiss a case or keep authority over a youth released to a parent, guardian, or custodian with available mental health services. This applies when a professional reports that a covered youth cannot take part and is substantially unlikely to gain that ability during the court preparation period. Services depend on available inpatient or outpatient care. The provider decides which treatment or services are needed. After reviewing a court officer's report, the court must renew services within the time limit or decide custody and dismiss the case. If release to a parent, guardian, or custodian is inappropriate, the court may dismiss the case and direct separate proceedings under chapter 27-20.3. These rules start January 2, 2027. Service orders last up to sixty days, with renewals capped at 120 days total. A court officer must report at least fourteen days before an order expires.

A person cannot be prosecuted as an adult for an offense committed before age fourteen. The adult prosecution rule depends on the person's age when the offense occurred. The juvenile chapter treats children under ten as unable to commit an offense under state law. People age ten or older may be assessed for their ability to take part in a case. The juvenile chapter's age provisions start January 2, 2027. The act does not state a special effective date for the adult prosecution rule.

The law sets aside up to $500,000 for the Department of Health and Human Services to carry out the juvenile court participation rules. The money comes from North Dakota's general fund and pays for implementing and administering section 5. The department may use only as much of the $500,000 as necessary. The funding covers July 1, 2025, through June 30, 2027.