§ 27-20.1-01 — Definitions

North Dakota § 27-20.1-01

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-20.1: Guardianship of a Child

Text

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 required by law; or
b. As to a parent of a child in that parent's custody:
(1) To leave the child for an indefinite period without making firm and agreed
plans, with the child's immediate caregiver, for the parent's resumption of
physical custody;
(2) Following the child's birth or treatment at a hospital, to fail to arrange for the
child's discharge within ten days after the child no longer requires hospital
care; or
(3) Willfully fail to furnish food, shelter, clothing, or medical attention reasonably
sufficient to meet the child's needs.
2. "Abandoned infant" means a child who has been abandoned before reaching the age
of one year.
3. "Child in need of protection" means a child who:
a. Is without proper parental care or control, subsistence, education as required by
law, or other care or control necessary for the child's physical, mental, or
emotional health, or morals, and the need for services or protection is not due
primarily to the lack of financial means of the child's parents, guardian, or other
custodian;
b. Has been placed for care or adoption in violation of law;
c. Has been abandoned by the child's parents, guardian, or other custodian;
d. Is without proper parental care, control, or education as required by law, or other
care and control necessary for the child's well-being because of the physical,
mental, emotional, or other illness or disability of the child's parent or parents,
and that such lack of care is not due to a willful act of commission or act of
omission by the child's parents, and care is requested by a parent;
e. Is in need of treatment and whose parents, guardian, or other custodian have
refused to participate in treatment as ordered by the juvenile court;
f. Was subject to prenatal exposure to chronic or severe use of alcohol or any
controlled substance as defined in chapter 19-03.1 in a manner not lawfully
prescribed by a practitioner;
g. Is present in an environment subjecting the child to exposure to a controlled
substance, chemical substance, or drug paraphernalia as prohibited by section
19-03.1-22.2; or
h. Is a victim of human trafficking as defined in title 12.1.
5. "Custodian" means a person, other than a parent or legal guardian, that stands in loco
parentis to the child and a person that has been given legal custody of the child by
order of a court.
6. "Fit and willing person" means a relative or other individual who has been determined,
after consideration of an assessment that includes a criminal history record
investigation under chapter 50-11.3, to be a qualified individual under this chapter and
chapter 30.1-27, and who consents in writing to act as a legal guardian.
7. "Relative" means:
a. The child's grandparent, great-grandparent, sibling, half-sibling, aunt, great-aunt,
uncle, great-uncle, nephew, niece, or first cousin;
b. An individual with a relationship to the child, derived through a current or former
spouse of the child's parent, similar to a relationship described in subdivision a;

c. An individual recognized in the child's community as having a relationship with
the child similar to a relationship described in subdivision a;
d. The child's stepparent; or
e. An extended family member as defined by the law or custom of an Indian child's
tribe.