§ 27-20.2-17 — Rights and duties of legal custodian

North Dakota § 27-20.2-17

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-20.2: Juvenile Court Act

Text

1. As used in this section, "sibling of the child entering foster care" means:
a. A brother or sister who has at least one biological or adoptive parent in common;
b. A fictive brother or sister with a significant bond as identified by the child or
parent; or
c. A child who would have been considered a sibling but for the termination or other
disruption of parental rights, including a death of a parent.
2. A legal custodian has:
a. The right to the physical custody of the child and the right to determine the nature
of the care, placement, and treatment of the child, including ordinary medical care
as well as medical or surgical treatment for a serious physical condition or illness
that in the opinion of a licensed physician requires prompt treatment, except for
any limits the court may impose.
b. The right and duty to provide for the care, protection, training, and education and
the physical, mental, and moral welfare of the child, subject to the conditions and
limitations of the order and to the remaining rights and duties of the child's
parents or guardian.
c. A duty within thirty days after the removal of a child from the custody of the parent
or parents of the child for the purpose of placement into foster care, to exercise
due diligence to identify and provide notice to the following relatives: all parents of
a sibling of the child entering foster care who have legal custody of the sibling, all
adult grandparents, and any other adult suggested by the parents, subject to
exceptions due to family or domestic violence, that:
(1) Specifies that the child has been or is being removed from the custody of
the parent or parents of the child;
(2) Explains the options the relative has under federal, state, and local law to
participate in the care and placement of the child, including any options that
may be lost by failing to respond to the notice;
(3) Describes the requirements and standards to become a foster family home
and the additional services and supports that are available for children
placed in that home; and

(4) Describes how the relative of the child may enter an agreement with the
department of health and human services and human service zone to
receive a subsidized guardianship payment.