All Roll Calls
Yes: 136 • No: 0
North DakotaHB 10342025 Regular SessionHouse
AN ACT to create and enact a new chapter to title 27 of the North Dakota Century Code, relating to the re-establishment of parental rights and responsibilities.
Sponsored By: Legislative Management
Became Law
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 2 benefits, 0 costs, 4 mixed.
How the court reviews restoration cases
Juvenile court has exclusive jurisdiction. You usually file in the child's county, or where the agency with custody is located. The court first reviews the petition on paper and denies it unless there is a prima facie best‑interest showing. If that showing is made, the court sets a hearing and notifies parties. At the hearing, the petitioner must prove the case by clear and convincing evidence. The court must find best interest; no related appeals or active juvenile cases naming the parent; the child is not adopted or under an adoption placement; at least 12 months have passed and the child is still in foster care; and the parent corrected the problems and can safely provide daily care. The court considers the child's age and maturity, and the child's preference can be one factor.
What a grant or denial means
If granted, the order restores all parental rights and duties as of the order date, including inheritance. Prior custody orders placing the child with a human service zone or juvenile services end. The genetic parent receives permanent legal and physical custody. An order for one parent does not change another parent's rights or sibling relationships. If the court denies the petition after a hearing, it may bar refiling for a set time, with written reasons based on the child's best interest.
Who can ask to restore parental rights
Only an interested party from the original case can file. The state's attorney and the child's custodian must agree it is in the child's best interest. At least 12 months must have passed since the final termination, and the child must still be in foster care. The parent must be willing and able to provide daily care. No appeal or related case can be pending. The child cannot be adopted or under an adoption placement agreement. You cannot file if termination was for sexual abuse, or for a conviction for intentional conduct that caused serious injury or death to a minor. The petition must be signed under oath and include detailed facts, the prior order, steps taken to fix the problems, and proof of ability to care.
Lawyers and a guardian for the child
The court appoints a lawyer for the child in every case, unless the child already has one. A child aged 14 or older may waive counsel on the record. An indigent genetic parent can get a court‑appointed lawyer after applying. The court also appoints a guardian ad litem for the child, who is immune from most lawsuits except for gross or willful negligence or misconduct.
Who this law covers
The law defines who is covered and key terms. A child is under 18, and a genetic parent includes a biological or adjudicated parent. It also defines the custodian, human service zones, and the agencies that take part in these cases.
Supervised trial home placement before decision
After filing, the court may order a transition plan and a trial home placement. The human service zone monitors the placement and provides help. If abuse or neglect is alleged, the child must be removed and the court told. Removal during the transition can lead to denial of the petition.
Sponsors & Cosponsors
Sponsor
Legislative Management
Affiliation unavailable
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 3/10/2025
Second reading, passed, yeas 45 nays 0
Yes: 45 • No: 0
House vote • 1/24/2025
Second reading, passed, yeas 91 nays 0
Yes: 91 • No: 0
Actions Timeline
Filed with Secretary Of State 03/18
3/19/2025HouseSigned by Governor 03/17
3/18/2025HouseSent to Governor
3/14/2025HouseSigned by Speaker
3/14/2025HouseSigned by President
3/12/2025SenateReturned to House
3/11/2025HouseSecond reading, passed, yeas 45 nays 0
3/10/2025SenateReported back, do pass, place on calendar 7 0 0
3/7/2025SenateCommittee Hearing 03:00
2/18/2025SenateIntroduced, first reading, referred Judiciary Committee
2/5/2025SenateReceived from House
1/27/2025SenateSecond reading, passed, yeas 91 nays 0
1/24/2025HouseReported back, do pass, place on calendar 13 0 1
1/23/2025HouseCommittee Hearing 10:00
1/15/2025HouseIntroduced, first reading, referred Judiciary Committee
1/7/2025House
Bill Text
Enrollment
INTRODUCED
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