Title 27 — Judicial Branch of Government

As used in this chapter: 1. "Abandon" means: a. As to a parent of a child not in the custody of that parent, failure by the noncustodial parent significantly without justifiable cause: (1) To communicate with the child; or (2) To provide for the care and support of the child as r…

The juvenile court has exclusive original jurisdiction of proceedings to grant, modify, or terminate guardianship for a child, except the testamentary appointment of a guardian for a minor governed by chapter 30.1-27 and the appointment of a guardian for a minor becoming an incap…

If a court does not approve acceptance of a testamentary guardian of a minor under chapter 30.1-27, the court shall immediately transfer the guardianship portion of the case to the juvenile court and order the child be taken to the juvenile court immediately or to a place of shel…

Except as otherwise provided by this section, a proceeding under this chapter must be commenced in the county in which the child resides. If a child in need of protection is alleged, the proceeding may be brought in the county in which the child is present when it is commenced, t…

A petition to establish, modify, or terminate a guardianship order, other than one that has been transferred by the district court under chapter 30.1-27, may be filed by any person interested in the welfare of the child who has knowledge of the facts alleged or has information an…

1. The petition must state that an order to appoint a guardian of a child is requested and the effect will be as stated in section 27-20.1-13. 2. The petition must also contain information required by rule 3 of the North Dakota Rules of Juvenile Procedure and include: a. The name…

1. A supporting affidavit establishing the basis for the guardianship under subdivision n of subsection 2 of section 27-20.1-06, and that the guardianship is in the best interest of the child, must be filed with the petition. Where a child in need of protection is alleged under p…

1. The court shall issue a summons in accordance with rule 5 of the North Dakota Rules of Juvenile Procedure and appoint a lay guardian ad litem upon the approval of the petition. 2. An initial hearing must be set in accordance with rule 2 of the North Dakota Rules of Juvenile Pr…

1. If, at any time in the proceeding, the court determines the interests of the child are or may be inadequately represented and the child is of sufficient age and competency to assist counsel, the court may appoint an attorney to represent the child. The court shall make appropr…

1. A hearing under this chapter must be conducted by the court without a jury, in an informal but orderly manner, and separately from other proceedings not included in section 27-20.2-03 or section 27-20.1-02. 2. The proceedings must be recorded by stenographic notes or by electr…

1. The court may appoint a guardian of a child if the court finds by clear and convincing evidence that the appointment is in the child's best interest and: a. Both parents are deceased or the surviving parent's rights have been terminated by a previous court order, but there has…

1. After hearing the evidence on the petition or after a waiver of the hearing, the court shall make and file its findings as to whether the requirements of section 27-20.1-06 have been met, whether the guardian is a fit and willing person, and whether the appointment of the guar…

1. An order appointing a guardian of a child suspends any authority of a parent that is granted to the guardian under that order. A parent subject to such an order is entitled to treatment as a party at any subsequent juvenile court proceeding regarding the child. 2. While a guar…

1. A guardian of a child has the powers and responsibilities of a legal custodian if there is a parent with remaining parental rights. If there is no parent with remaining parental rights, the guardian has the rights of a legal custodian and the authority to consent to the child'…

1. A guardian may petition for permission to resign. A petition for permission to resign must include a request for appointment of a successor guardian unless continuation of the guardianship is no longer necessary. Resignation of a guardian does not terminate the guardianship un…

1. An order appointing or reappointing a guardian under this chapter is effective for up to one year unless the court, upon a finding of good cause, sets a different time frame. An order may not be effective for more than three years. At least sixty days before the expiration of …

1. Upon petition by a person interested in the child's welfare, the court may appoint an emergency guardian if the court finds that compliance with the procedures of this chapter will likely result in substantial harm to the child's health, safety, or welfare. Immediately upon re…

If the court determines an action brought under section 30.1-27-07 or this chapter is frivolous, the court may award reasonable, actual, and statutory costs, including reasonable attorney's fees, incurred by or on behalf of the child.

1. At any stage of the proceedings, upon application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of an individual if the court finds the conduct: a. Is or may be detrimental or harmful to the child; or b. W…

1. The court may order a party or a proposed guardian to submit to a chemical dependency, parental capacity, mental health, domestic violence, anger management, or other relevant evaluation by a suitably licensed or certified examiner. The court may request other persons having r…

Except as provided by section 27-20.2-21, all files and records under this chapter are closed to the public and confidential.