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. In a re-establishment of parental rights and responsibilities case, the court may not set an evidentiary hearing until it finds the petitioner has established a prima facie case justifying that re-establishment of parental rights is in the child’s best interest. 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 or a re-establishment of parental rights and responsibilities case, i f 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. In a re-establishment of parental rights and responsibilities case, the evidentiary hearing must be held within 150 days of the court’s order finding the petitioner has established a prima facie case. (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.