Transfer to other courts
N.D. Cent. Code § 27-20.4-21
in effect27-20.4-21. Transfer to other courts
1. After a petition has been filed alleging delinquency based on conduct that is
designated a crime or public offense under the laws, including local ordinances or
resolutions of this state, the court before hearing the petition on the merits shall
transfer the offense for prosecution to the appropriate court having jurisdiction of the
offense if:
a. The child is over sixteen years of age and requests the transfer;
b. The child was fourteen years of age or more at the time of the alleged conduct
and the court determines that there is probable cause to believe the child
committed the alleged delinquent act and the delinquent act involves the offense
of murder or attempted murder; gross sexual imposition or the attempted gross
sexual imposition of a victim by force or by threat of imminent death, serious
bodily injury, or kidnapping; or
c. (1) The child was fourteen or more years of age at the time of the alleged
conduct;
(2) A hearing on whether the transfer should be made is held in conformity with
sections 27-20.2-12, 27-20.2-13, and 27-20.4-14;
(3) Notice in writing of the time, place, and purpose of the hearing is given to
the child and the child's parents, guardian, or other custodian at least three
days before the hearing; and
(4) The court finds that there are reasonable grounds to believe:
(a) The child committed the delinquent act alleged;
(b) The child is not amenable to treatment or rehabilitation as a child
through available programs;
(c) The child is not treatable in an institution for individuals who are
intellectually disabled or who are mentally ill;
(d) The interests of the community require that the child be placed under
legal restraint or discipline; and
(e) If the child is fourteen or fifteen years old, the child committed a
delinquent act involving the infliction or threat of serious bodily harm.
2. The burden of proving reasonable grounds to believe that a child is amenable to
treatment or rehabilitation as a child through available programs is on the child:
a. If the alleged delinquent act involves the offense of manslaughter, aggravated
assault, robbery, arson involving an inhabited structure, or escape involving the
use of a firearm, destructive device, or other dangerous weapon;
b. If the alleged delinquent act involves an offense that if committed by an adult
would be a felony and the child has two or more previous delinquency
adjudications for offenses that would be a felony if committed by an adult; or
c. If the child is twenty-five years of age or older.
3. In determining a child's amenability to treatment and rehabilitation, the court shall
consider and make specific findings on the following factors:
a. Age;
b. Mental capacity;
c. Maturity;
d. Degree of criminal sophistication exhibited;
e. Previous record;
f. Success or failure of previous attempts to rehabilitate;
g. Whether the child can be rehabilitated before expiration of juvenile court
jurisdiction;
h. Any psychological, probation, or institutional reports;
i. The nature and circumstances of the acts for which the transfer is sought;
j. The prospect for adequate protection of the public; and
k. Any other relevant factors.
4. A child subject to the jurisdiction of the juvenile court, either before or after reaching
eighteen years of age, may not be prosecuted for an offense previously committed
unless the case has been transferred as provided in this section.
5. Statements made by the child at a hearing under this section are not admissible
against the child over objection in the criminal proceedings following the transfer
except for impeachment.
6. If the case is not transferred, the judge who conducted the hearing may not over
objection of an interested party preside at the hearing on the petition. If the case is
transferred to a court of which the judge who conducted the hearing is also a judge,
the judge likewise is disqualified over objection from presiding in the prosecution.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t27c20-4.pdf#nameddest=27-20p4-21Fetched: 10/16/2026