Mission Statement Enabling Statute
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§ 2371. Division of Youth Services. There is in the Department of Community and Cultural Affairs a Division of Youth Services to be headed by an administrator. Source: PL 2-19, § 2, modified. Commission Comment: PL 2-19 took effect July 28, 1981. With respect to the reference to the “Department of Community and Cultural Affairs,” see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 1 CMC § 2351. § 2372. Division of Youth Services: Purpose. The purpose of the Division of Youth Services is to plan, coordinate, develop, and implement programs and services designed to provide developmental and rehabilitative services to youth. The division is responsible for the provision of services to all youth including those youth adjudged to be wards of a court of the Commonwealth with jurisdiction in juvenile cases. Source: PL 2-19, § 2, modified. § 2373. Division of Youth Services: Definitions. a) “Administrator” means the administrator of the Division of Youth Services. (b) “Delinquent child” means a juvenile who violates any law, ordinance, or regulation of the Commonwealth while under the age of 18; provided, that a juvenile 16 years of age or older, accused of a traffic offense, murder, or rape shall be treated in the same manner as an adult. (c) “Division” means the Division of Youth Services. (d) “Nonsecure care” means the maintenance in custody of a juvenile in a dwelling or institution, which is characterized by the absence of physically restricting construction, hardware, and procedures, and which provides 24-hour care, custody, and control to the minors in residence. This residential care may be provided by: (1) A person designated by the juvenile court to be of good moral character; or (2) An association, society, or corporation which has as one its objects the purpose of caring for minors; or (3) Any private or public facility, which is certified by the Division of Youth Services to meet minimum standards for providing care to needy and neglected children. (e) “Secure care” means the maintenance in custody of a juvenile in a residential facility, which is used only for the placement of adjudicated delinquent children and in which the staff control the rights of the delinquent children to enter or leave the facility. (f) “Youth” or “minor” or “juvenile” or “child” means any person under the age of 18 years of age. Source: PL 3-67, § 3 (§ 7). Commission Comment: PL 3-67 took effect August 11, 1983. § 2374. Division of Youth Services: Duties and Responsibilities. The division shall: (a) Provide services and programs to the youth of the Commonwealth, including but not limited to recreational services, individual and group counseling, outreach, survival education, employability development, and substance abuse prevention activities; (b) Make referrals when certain services are best provided by other agencies within the Commonwealth government or by other entities within the community; (c) Assist community groups which provide or sponsor programs and services beneficial to youth; help those groups obtain access to community facilities and resources, and provide training to those groups on relevant topics. However, nothing in this article shall be construed to require the division to provide those groups with either material or financial support; (d) Collect, analyze, and disseminate information and research data concerning youth needs and youth problems in the Commonwealth; (e) Provide secure care for those youth whom the juvenile court has determined require temporary custody for their own protection or that of the community. Those youth include adjudicated delinquent children or youth under juvenile court jurisdiction who have violated a valid court order. (f) Provide nonsecure care for those youth who require temporary custody for their own protection or well-being; (g) Approve arrangements for the use of private homes and public and private residential care facilities for the secure and nonsecure care of juveniles under the custody of either the court or the division. (h) Investigate and certify all prospective foster parents and homes, or cause such investigations and certification to occur, for the placement of juveniles by the Commonwealth court or the Division of Youth Services. The certification shall be consistent with criteria to be promulgated by the division in a manner conforming to the Administrative Procedure Act (1 CMC § 9101 et seq.), and shall have the objective of ensuring a safe, healthy, and moral environment for a juvenile placed there. The certification shall be renewed annually from the date of original certification and may be voided by the division’s administrator when the foster setting is found by the division’s administrator to be in violation of certification criteria. The foster home may be recertified once it is in compliance with certification criteria. No juvenile may be placed in a foster home or a residential care facility, which is supported by the Commonwealth government and which is not certified by the division. (i) Provide parent effectiveness training to those youth and families who have come under the jurisdiction of the division and to other persons in the community. (h) Assume custody of youth referred to the division by the Department of Public Safety or by the court; (k) Provide those services to youth who are referred to the division after adjudication by the court, which are consistent with the orders of the court and which are conducive to the rehabilitation of the youth. Such services may include but are not limited to: probation supervision, counseling, public service, restitution, nonlegal advocacy, placement in residential and nonresidential treatment programs, and foster care. (l) When requested, provide to the court written reports, which contain background information on the adjudicated youth and a recommendation for the rehabilitation of the youth. The division shall also provide written reports every six months on the progress of each youth referred to the division, a copy of which will be submitted to the youth and to the judge of the juvenile court. The division shall orally explain the contents of the report to the youth. (m) Provide or arrange for the production of home studies for the courts in the Commonwealth and in other jurisdictions when a resident of the Commonwealth is a party to an adoption or a long term residential placement. Source: PL 3-67, § 3 (§ 8). § 2375. Division of Youth Services: Staff. Subject to budgetary appropriation, the Division of Youth Services may employ staff to assist it in performing its duties. Such staff shall be members of the civil service. Source: PL 3-67, § 3 (§ 11), modified. § 2376. Division of Youth Services: Grants. The division is hereby authorized to accept gifts, grants, or grants-in-aid from any source. Any funds received through gifts, grants, or grants-in-aid and their source, nature and value shall be separately documented and recorded for accounting and reporting purposes, and shall be reported to the Governor and the legislature. All such funds shall remain available for expenditure by the division and shall not revert to the General Fund. The Director of the Department of Community and Cultural Affairs and the division administrator, jointly or their authorized designees, are hereby authorized to expend, obligate, encumber or otherwise commit these funds. Source: PL 3-67, § 3 (§ 12). Commission Comment: With respect to the reference to the “Director of the Department of Community and Cultural Affairs,” see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 1 CMC § 2351. § 2377. Separation of Juveniles from Adults. Juveniles assigned to secure care shall be kept apart from adult offenders by at least sight and sound. Source: PL 3-67, § 3 (§ 9). § 2378. Access to Information. The division staff shall have access to all official records of the courts, schools, hospital and other public and private agencies, which concern youth who have been referred to the division and for whom the division staff believe it is necessary to conduct an investigation or produce an official report. Such reports shall be maintained in confidence by the division and its staff, except that the court and others ordered by the court or required by statute shall have access to the reports. Source: PL 3-67, § 3 (§ 10). § 2379. Designation of Division; Confidential Records; Regulatory Authority. The division shall carry out Commonwealth efforts to strengthen and improve the prevention, identification, and treatment of child abuse, neglect, and sexual molestation. The division shall maintain a confidential file of all cases of child abuse, neglect, and sexual molestation and offer services to families suspected of child abuse, neglect, and sexual molestation. The division upon notification by the Department of Public Safety of a reported case of child abuse, neglect or sexual molestation shall immediately take necessary action toward preventing further abuse, neglect or sexual molestation, safeguarding and enhancing the welfare of the minor, and preserving family life wherever possible. The Chief of the Division of Youth Services shall adopt rules and regulations for approval by the Director of Community and Cultural Affairs, consistent with this article and necessary to carry out the provisions thereof. Source: PL 3-18, § 8; amended by PL 3-57, §§ 7, 8. Commission Comment: With respect to the references to the “Department of Public Safety” and the “Director of Community and Cultural Affairs,” see Executive Order 94-3 (effective August 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the commission comment to 1 CMC § 2001; see also the comment to 1 CMC § 2351. § 2380. Annual Report. The division shall prepare and transmit to the Governor and the legislature an annual report on child abuse, neglect, and sexual molestation. The annual report shall describe the specific measures adopted to implement the provisions of this article, as well as the accomplishments and shortcomings of efforts to prevent and treat child abuse, neglect, and sexual molestation. The report shall include a statistical analysis of the children and families reported, recommendations for additional legislation or services to fulfill the purposes of this article, and any other information deemed relevant. Source: PL 3-18, § 9; amended by PL 3-57, § 8. |
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| Last Updated ( Friday February 29, 2008 ) |