Posted 9/12/22 (Mon)
Lisa Jahner | Juvenile Justice Program Manager
Statute changes this past legislative session designated unruly youth (those youth who have committed an offense that would not be criminal if committed by an adult) as a new legal category considered “Children in Need of Services” or “CHINS.” As of August 1, CHINS youth are no longer arrested and referred to Juvenile Court but rather referred to the Human Services Zones to help youth and families address issues that may have precipitated the behavior. The CHINS category includes behaviors such as ungovernable behavior, truancy, runaway and the use of tobacco under the age of 14. This was seen as a very positive change for youth and families, as many youths who do not belong in the justice system will now be kept out. In addition, the use of temporary shelter care can prevent foster care placements by addressing immediate needs.
CHINS youth that are taken into custody by law enforcement, i.e., runaways, and in need of short-term supervision are now to be placed in shelter care rather than attendant care. The ND Department of Human Services (DHS) issued new administrative rules to “certify” shelter care sites so that providers can receive funding from DHS to cover the cost of youth placed in these facilities.
In addition, DHS has made grant funding available to interested shelter care providers to use for start-up costs, such as the initial operating costs, construction, remodeling, payroll, training, staffing ratios and related costs associated with meeting certification standards.
Many of the providers of attendant care services are now also providing certified shelter care services. For safety reasons, administrative rules require that CHINS youth placed in certified shelter care be kept separate from delinquent youth placed in attendant care.
The changes have resulted in possible increased costs for some providers:
NDACo has been working to try to minimize the costs to local government, coordinating the development of regional MOUs, as applicable, and continuing to advocate for shelter care dollars through DHS for the first 24 hours of a CHINS placement in shelter care.
In addition, law enforcement is encouraged to use crisis response services through DHS by calling 988 to assist with people in crisis from substance use, mental health concerns, relationship conflict and other issues. These services are designed to provide immediate care to people in crisis and reduce unnecessary law enforcement involvement. A trained specialist will provide support to stabilize the situation. If the trained specialist determines that placement is needed, the cost of the first 24 hours of shelter care will not be a cost to local government. The services are available statewide and can be accessed 24 hours a day, seven days a week.
Category |
Behavior |
Handling |
Placement (if needed) |
Unruly (old classification) |
Truancy, Ungovernable, Runaway, Tobacco Under Age 14 |
Referral to Juvenile Court |
Attendant Care |
CHINS (new classification) |
Truancy, Ungovernable, Runaway, Tobacco Under Age 14 |
Referral to Human Service Zone |
Certified Shelter Care |
Delinquent (unchanged) |
An Act Designated a Crime Under Law |
Referral to Juvenile Court |
Attendant Care |