AGO 96-F-005.

• Court: North Dakota

North Dakota Attorney General Opinions 1996. AGO 96-F-005. STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 96-F-05Date Issued: March 4, 1996Requested by: Patricia Burke, Burleigh County State's Attorney- QUESTIONS PRESENTED - I.What impact, if any, do child labor laws have on the nature and amount of community service that a juvenile can be ordered to perform? II. What is the extent and limit of a court's authority to order defendants or juveniles to pay a fee for performing community service?- ATTORNEY GENERAL'S OPINIONS - It is my opinion that state and federal child labor laws apply to juveniles ordered to perform community service. It is my opinion that a court has discretion to order defendants and juveniles to pay a fee for the cost of performing community service as a condition of probation or as an alternative to paying a fine or serving a term of imprisonment if payment of the fee will serve an appropriate purpose. - ANALYSES - I. The North Dakota child labor law is found in N.D.C.C. ch. 34-07. The federal child labor law is found in 29 U.S.C. § 212 and 29 C.F.R. part 570. Both the state and federal laws address not only employment of children but permitting children to work. N.D.C.C. §§ 34-07-01, 34-07-02, 34-07-03, 34-07-15, 34-07-16, 34-07-19; 29 U.S.C. § 203(g). A court order requiring a juvenile to perform community service necessarily includes permitting the juvenile to perform the work (service). Not only does the language of the child labor laws appear to apply to court ordered community service of juveniles, the laws are specifically made applicable to juvenile inmates by administrative rule. N.D. Admin. Code § 94-02-15-04 addresses what work adjudicated or convicted juveniles may be required to perform. "Work" would include community service. This section provides: An adjudicated or convicted juvenile inmate may be required to perform work provided: The work assignment does not conflict with educational programs; and The work is not prohibited by state and federal statutes and regulations pertaining to child labor. Pursuant to this section, a juvenile inmate may not be required to perform community service (work) prohibited by state and federal child labor statutes and regulations. Furthermore, federal and state child labor laws establish public policy regarding what is appropriate labor for...