North Dakota is a combination state. With the exception of secure detention, the state operates most delinquency services for youth in North Dakota. However, responsibility is divided between the state judicial and state executive branches.

How is detention organized? 

By statute, a youth may be detained to protect the person or property of others or of the youth; because the youth may abscond or be removed from the jurisdiction of the court; because he or she has no parent, guardian, or custodian or other person; or the court has made an order for his or her detention.

The decision to divert a case is based on the seriousness of the offense, the age of the juvenile, previous offense history and the reliability of evidence. If the case is diverted, the court may refer the juvenile to drug/alcohol programs, shoplifting classes, individual/family counseling, cognitive restructuring programs, if applicable, or to other programs such as restorative justice conferencing and teen court.

Under the Fair Treatment of Victims and Witnesses chapter under the North Dakota Criminal Code, victims and witnesses of crimes committed by juveniles are entitled to the same rights as in any other proceeding, including the right to submit a written impact statement, sometimes an oral impact statement, to the court.

The Supreme Court Administrator's Office funds juvenile probation services in the State. The State is divided into four units with a director of Juvenile Court, a supervisor, and several court officers for each unit.

Court officers must have, at minimum, a bachelor's degree in criminal justice, social work or psychology/sociology. Court officers attend Supreme Court-sponsored training each year which may include out-of-state training.

Juveniles are committed to the  Division of Juvenile Services (DJS).  DJS makes a decision regarding the level of care by balancing the principles of least restrictive, most appropriate placement with the need for insuring public safety.

When a juvenile is placed at the state's secure correctional facility, the North Dakota Youth Correctional Center, the Division of Juvenile Services makes release decisions. By statute, the Director of the Division of Juvenile Services may discharge any juvenile from the North Dakota Youth Correctional Center at any time for good conduct.

The Department of Corrections and Rehabilitation, Division of Juvenile Services, is responsible for juvenile aftercare.

North Dakota’s purpose clause is rooted in traditional child welfare philosophies.  This state emphasizes the promotion of the welfare and best interests of the juvenile as the primary purpose of the juvenile court system.

Lower Age: 7

Upper Age: 17

Extended Age of Delinquency Jurisdiction: 20

Several system-wide planning and assessment tools are utilized by DJS to determine the appropriate placement and treatment for each youth.  No specific data is available on the name or type of assessments.