(Grafton, ND) – A 37-year-old woman is facing felony charges for abandonment of a child and neglect of a child in a case where she allegedly left a young child along I-29 near the 63rd Street overpass near Warsaw in Walsh County.
The North Valley Human Service Zone (NVHSZ) took custody of the young child after the child was interviewed by authorities and the Human Service Zone.
Kelley Cole, States Attorney for Walsh County, says cases like this are “so often fact and circumstances driven.”
The custody of the child lies with both the Human Service Zone and law enforcement. A final decision regarding the future custody of the child, abandoned by 37-year-old Ashley Johnson, has not yet been made.
“If a child is involved, many times law enforcement will contact the NVHSZ to have a social worker come and assess the situation,” Cole told WDAY Radio. “Many times as far as custody with the NVHSZ, it depends on whether both parents are involved in the child neglect or not, or sometimes whether there is an appropriate family member who can take custody of the child/children.”
Additionally, the social worker, or a law enforcement official, can request an emergency temporary order for removal of the child. These requests come from the Director of Juvenile Court.
“If the Director determines that the child is in need of protection, the director can issue a temporary custody order for the child to social services,” Cole said.
After the temporary order is filed, a hearing must be held within 96 hours, where the juvenile court will determine if the custody will be extended or not.
“A child in need of protection petition would need to be filed and adjudicated to continue the custody order for up to 1 year,” Cole said.
Not in every case does the parent, who is suspected of child neglect, have the ability to contact the child.
“Sometimes there are bond conditions in the criminal case that prevent the parent from having contact or restrict contact with the child,” Cole said. She said a court’s order of sentence in a criminal case can usually “not extend for the lifetime of a child.”
Court orders don't necessarily go on for the rest of the child's life.
“In a child neglect case for instance, supervised probation and court orders generally can only go on 3 years, beyond any incarceration time,” she said.
Cole said it is “important for agencies to work together when children are involved in the justice system, also understanding that each agency has different responsibilities under the law.”