§ 14-15-11 — Notice of petition - Investigation and hearing

North Dakota § 14-15-11

• Jurisdiction: North Dakota
• Title 14: Domestic Relations and Persons
• Ch. 14-15: Revised Uniform Adoption Act

Text

1. a. After the filing of a petition to adopt a minor, the court shall fix a time and place for
hearing the petition. At least twenty days before the date of hearing, notice of the
filing of the petition and of the time and place of hearing must be given by the
petitioner to the department and if the minor to be adopted is in the custody of the
human service zone to the human service zone; any agency or individual whose
consent to the adoption is required by this chapter but who has not consented; an
individual whose consent is dispensed with upon any ground mentioned in
subdivisions a, b, f, h, i, and j of subsection 1 of section 14-15-06 but who has not
consented; any appropriate Indian tribe; and any individual identified by the court
as a biological parent or a possible biological parent of the minor, upon making
inquiry to the extent necessary and appropriate, as in proceedings under section
27-20.3-22, unless the individual has relinquished parental rights or the
individual's parental rights have been previously terminated by a court. The notice
to the department and if the minor to be adopted is in the custody of the human
service zone to the human service zone must be accompanied by a copy of the
petition.
b. Notice of the filing of a petition to adopt an adult must be given by the petitioner at
least twenty days before the date of the hearing to each living parent of the adult
to be adopted.
2. An investigation must be made by a licensed child-placing agency or by the
department when a child-placing agency has a conflict of interest to inquire into the
conditions and antecedents of a minor sought to be adopted and of the petitioner for
the purpose of ascertaining whether:
a. The proposed adoption is in the best interest of the minor; and
b. The adoptive home is suitable for the minor. The licensed child-placing agency
shall obtain and consider the foster care assessment of an applicant who is also
a licensed or approved family foster home for children in the manner prescribed
by the department. An adoptive home is presumed suitable if, in the manner
prescribed by the department, the petitioner is continuously licensed or approved
as a family foster home for children under chapter 50-11 to furnish foster care for
children without a correction order, fiscal sanction, or license revocation
proceeding, unless the custodial agency reasonably believes the use of the foster
care assessment or the licensed or approved family foster home for children is
not in the best interest of the minor.
3. A written report of the investigation must be filed with the court by the investigator
before the petition is heard.
4. The report of the investigation must contain:
a. A review of the child's history;
b. A preplacement adoption assessment of the petitioner, including a criminal history
record investigation of the petitioner;
c. A postplacement evaluation of the placement with a recommendation as to the
granting of the petition for adoption;

d. The petitioner's foster care assessment to demonstrate the presumed suitability
of the adoptive home if a foster care assessment was considered in the
investigation under subsection 2 of this section; and
e. Any other information the court requires regarding the petitioner or the minor.
5. An investigation and report is not required in cases in which a stepparent is the
petitioner or the individual to be adopted is an adult. The department and human
service zone, when required to consent to the adoption, may give consent without
making the investigation. If the petitioner is a court-appointed legal guardian or a
relative other than a stepparent of the minor, the minor has lived with the petitioner for
at least nine months, no allegations of abuse or neglect have been filed against the
petitioner or any member of the petitioner's household, and the court is satisfied that
the proposed adoptive home is appropriate for the minor, the court may waive the
investigation and report required under this section.
6. The department and human service zone, when required to consent to the adoption,
may request the licensed child-placing agency to conduct further investigation and to
make a written report thereof as a supplemental report to the court.
7. After the filing of a petition to adopt an adult, the court by order shall direct that a copy
of the petition and a notice of the time and place of the hearing be given to any
individual whose consent to the adoption is required but who has not consented and to
each living parent of the adult to be adopted. The court may order an appropriate
investigation to assist it in determining whether the adoption is in the best interest of
the individuals involved.
8. Notice must be given in the manner appropriate under the North Dakota Rules of Civil
Procedure for the service of process in a civil action in this state or in any manner the
court by order directs. Proof of the giving of the notice must be filed with the court
before the petition is heard.