27-20.5-09. Disposition (Effective after January 1, 2027)

27-20.5-09. Disposition. (Effective after January 1, 2027) 1. Except as otherwise provided in this section, upon receipt of a report by the tier 1a mental health professional that the minor lacks fitness to proceed and there is a substantial likelihood the minor is unable to be remediated within the period of the remediation order, the court may: a. Dismiss the delinquency proceedings and release the minor to the minor's parent, legal guardian, or legal custodian; or b. Retain jurisdiction and release the minor to the minor's parent, legal guardian, or legal custodian subject to mental health treatment or services under subsection 2. 2. The court may in its discretion order mental health services or other available services from a mental health provider be provided to the minor by a community mental health services program, the department of health and human services, or another appropriate mental health services provider, subject to the availability of inpatient or outpatient care, for a period not to exceed sixty days. a. The court retains jurisdiction over the minor throughout the duration of the order and the juvenile court officer may assist with referrals, the assessment process, and reporting to the court. b. The entity providing services under this subsection shall determine necessary mental health treatment or services. 3. No later than fourteen days before the expiration of the order for mental health treatment or services under this subsection or subsection 2, a report by the juvenile court officer must be provided to the court regarding the minor. The court shall review the report and: a. Renew the order for another period of mental health treatment or services not to exceed sixty days. The order for mental health treatment or services and any renewed order may not exceed a total of one hundred twenty days; or b. Determine custody of the minor and dismiss the delinquency proceedings against the minor. 4. If release to the minor's parent, legal guardian, or legal custodian is determined inappropriate under subsection 1, the court may dismiss the delinquency proceeding and direct proceedings under chapter 27-20.3.