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…

Jurisdiction as set forth in section 27-20.2-03 is applicable to this chapter.

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 at the time the proceed…

1. For the purpose of carrying out the objectives and purposes of this chapter and subject to the limitations of this chapter or imposed by the court, a director shall: a. Make a determination upon intake of referrals regarding the appropriate manner to handle a child in need of …

1. A referral alleging a child is a child in need of services may be made by a parent, guardian or other custodian, a law enforcement officer, a school official, or any other person that has knowledge of the facts alleged and believes such facts are true. 2. The referral must be …

1. A child alleged to be in need of protection may be taken into protective custody: a. Pursuant to an order of the court under this chapter; b. By a law enforcement officer or designee if there are reasonable grounds to believe the child: (1) Is suffering from illness or injury …

A child taken into protective custody may not be placed in shelter care before the hearing on the petition unless the child's care is required to protect a person or property of others or of the child or because the child may abscond or be removed from the jurisdiction of the cou…

1. A person taking a child into protective custody, with all reasonable speed and without first taking the child elsewhere, shall: a. Release the child to the child's parent, guardian, custodian, or other responsible adult able and willing to assume custody of the child, upon tha…

A child alleged to be in need of shelter care may be placed only in: 1. A licensed foster home or a home approved by the court; 2. A shelter care or certified shelter care facility operated by a licensed child welfare agency; or 3. Any other suitable place or facility, including …

1. If a child is brought before the court or delivered to a shelter care or certified shelter care facility, the human service zone immediately shall make an investigation and release the child unless it appears that the child's shelter care is warranted or required under section…

A child in need of services may be diverted.

A petition alleging a child in need of protection must be prepared, filed, and served upon the parties by the state's attorney. A petition may also be prepared by any other person, including a law enforcement officer, which has knowledge of the facts alleged or is informed and be…

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 and in accordance with the North Dakota Rules of Juvenile Procedure. 2. If the hearing has not…

1. If the court finds from clear and convincing evidence that the child is in need of protection, the court shall proceed immediately or at a postponed hearing to make a proper disposition of the case. 2. After hearing the evidence on the petition, the court shall make and file f…

1. If a child is found to be a child in need of protection, the court may make any of the following orders of disposition best suited to the protection of the child or family and the physical, mental, and moral welfare of the child: a. Permit the child to reside with the child's …

1. As used in this section, "child" means an individual between the ages of eighteen and twenty-one years who is in need of continued foster care services. 2. A petition to commence an action under this section must contain information as required by supreme court rule along with…

1. A human service zone shall develop a family case plan and file the plan with the committing juvenile court within sixty days. 2. A human service zone shall review each placement of a child found to be in need of protection with custody ordered to a human service zone and shall…

1. As used in this section, "reasonable efforts" means the exercise of due diligence, by the agency granted authority over the child under this chapter, to use appropriate and available services to meet the needs of the child and the child's family in order to prevent removal of …

1. The court by order may terminate the parental rights of a parent with respect to the parent's child if: a. The parent has abandoned the child; b. The child is subjected to aggravated circumstances; c. The child is in need of protection and the court finds: (1) The conditions a…

1. As used in this section: a. "A finding that the child has been subjected to child abuse or neglect" means: (1) A finding of a child in need of protection made under this chapter, except as provided in subdivision i of subsection 5 of section 27-20.3-01; or (2) A conviction of …

1. The petition must contain information required by the North Dakota Rules of Juvenile Procedure and state clearly that an order for termination of parental rights is requested and that the effect will be as stated in section 27-20.3-23. 2. If both of the biological parents of t…

An order terminating parental rights of a parent terminates all the parent's rights and obligations with respect to the child and of the child to or through the parent arising from the parental relationship. Following the order terminating parental rights, the parent is not entit…

1. If, upon entering an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall: a. Commit the child to the custody of the human service zone director or a licensed child-placing agency willing to accept custody for the purpos…

An order of disposition or other adjudication in a proceeding under this chapter, in those cases in which a child is removed from the home of a parent, custodian, or guardian for the reason that continuation in such home would be contrary to the welfare of such child, must specif…

1. An order terminating parental rights is without limit as to duration. 2. An order of disposition requiring services for the family without the removal of custody may not exceed twelve months from disposition unless extended by the court. The human service zone may request two …