§ 27-19.1-03 — Court proceedings

North Dakota § 27-19.1-03

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-19.1: Indian Child Welfare

Text

1. In a proceeding involving the foster care placement of or termination of parental rights
to an Indian child whom the court knows or has reason to know may be an Indian
child, the party seeking the foster care placement or termination of parental rights, for
the first hearing of the proceeding, shall notify the Indian child's parent, Indian
custodian, and tribe, by registered mail, return receipt requested, of the pending
proceeding and of the parties' right to intervene in the proceeding and shall file the
return receipt with the court. Notice of subsequent hearings in a proceeding must be in
writing and may be given by mail, personal delivery, facsimile transmission, or
electronic mail. If the identity or location of the Indian child's parent, Indian custodian,
or tribe cannot be determined, that notice shall be given to the United States secretary
of the interior in like manner. The first hearing in the proceeding may not be held until
at least ten days after receipt of the notice by the parent, Indian custodian, and tribe or
until at least fifteen days after receipt of the notice by the United States secretary of
the interior. On request of the parent, Indian custodian, or tribe, the court shall grant a
continuance of up to twenty additional days to enable the requester to prepare for that
hearing.
2. Each party to a child custody proceeding of an Indian child has the right to examine all
reports or other documents filed with the court upon which a decision with respect to
the out-of-home care placement, termination of parental rights, or return of custody
may be based.