§ 27-20.3-15 — Disposition of a child in need of protection (Effective through July 31, 2027)

North Dakota § 27-20.3-15

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-20.3: Child Welfare

Text

2027)
1. If a child is found to be a child in need of protection, the court may make any of the
following orders of disposition best suited to the protection of the child or family and
the physical, mental, and moral welfare of the child:

a. Permit the child to reside with the child's parents, guardian, or other custodian,
subject to conditions and limitations as the court prescribes, including supervision
as directed by the court for the protection of the child.
b. Subject to conditions and limitations as the court prescribes, transfer temporary
legal custody to any of the following:
(1) An agency or other private organization licensed or otherwise authorized by
law to receive and provide care for the child.
(2) The director of the human service zone to receive and provide care for the
child.
c. Require the child or parents, guardian, or other custodian to participate in
treatment.
d. Appoint a fit and willing relative or other appropriate individual as the child's legal
guardian under section 27-20.1-11.
e. In cases in which a compelling reason has been shown that it would not be in the
child's best interests to return home, to have parental rights terminated, to be
placed for adoption, to be placed with a fit and willing relative, or to be placed with
a legal guardian, establish, by order, some other planned permanent living
arrangement.
2. Without a compelling reason to the contrary, a court order that transfers the child from
the current protective placement to a parent or other biological family must provide a
reasonable period of time to facilitate a beneficial transition for the child and other
parties involved.
3. A child in need of protection may not be placed in a residential facility that houses
delinquent children.
Disposition of a child in need of protection. (Effective after July 31, 2027)
1. If a child is found to be a child in need of protection, the court may make any of the
following orders of disposition best suited to the protection and physical, mental, and
moral welfare of the child:
a. Permit the child to reside with the child's parents, guardian, or other custodian,
subject to conditions and limitations as the court prescribes, including supervision
as directed by the court for the protection of the child.
b. Subject to conditions and limitations as the court prescribes, transfer temporary
legal custody to any of the following:
(1) An agency or other private organization licensed or otherwise authorized by
law to receive and provide care for the child.
(2) The director of the human service zone to receive and provide care for the
child.
c. Require the parents, guardian, or other custodian to participate in treatment.
d. Appoint a fit and willing relative or other appropriate individual as the child's legal
guardian under section 27-20.1-11.
e. In cases in which a compelling reason has been shown that it would not be in the
child's best interests to return home, to have parental rights terminated, to be
placed for adoption, to be placed with a fit and willing relative, or to be placed with
a legal guardian, establish, by order, some other planned permanent living
arrangement.
2. Without a compelling reason to the contrary, a court order that transfers the child from
the current protective placement to a parent or other biological family must provide a
reasonable period of time to facilitate a beneficial transition for the child and other
parties involved.
3. A child in need of protection may not be placed in a residential facility that houses
delinquent children.