§ 27-20.1-08 — Procedure upon approval of petition

North Dakota § 27-20.1-08

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

Text

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 Procedure.
3. For a petition filed under paragraphs 1, 2, or 3 of subdivision n of subsection 2 of
section 27-20.1-06:
a. The petitioner may request the court waive the hearing requirement.
b. The petition must state any person interested in the welfare of the child who
opposes the appointment of the proposed guardian shall file an objection to the
appointment and a demand for hearing within ten days of the service of the
petition. If an objection is not filed within ten days, the court may order the
appointment of a guardian for the child without a hearing upon review of the
guardian ad litem's report.
c. If the petition is unopposed, the court may order appointment of a guardian on the
strength of the pleadings, including the report of the guardian ad litem, if satisfied
that the conditions of paragraphs 1, 2, or 3 of subdivision n of subsection 2 of
section 27-20.1-06 have been met, or may conduct a hearing and require proof of
the matters necessary to support the order sought. Before appointment of the
guardian, the court shall consider whether the child has or will have significant
excess assets and determine whether a conservatorship is necessary under
chapter 30.1-29.
d. The guardian ad litem shall file a report in accordance with rule 17 of the North
Dakota Rules of Juvenile Procedure, within twenty days after appointment.