§ 27-20.3-16 — Disposition of child needing continued foster care services

North Dakota § 27-20.3-16

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

Text

1. As used in this section, "child" means an individual between the ages of eighteen and
twenty-one years who is in need of continued foster care services.

2. A petition to commence an action under this section must contain information as
required by supreme court rule along with an affidavit either prepared by the
administrative human service zone, as determined by the department of health and
human services, or prepared by an agency or tribal council of a recognized Indian
reservation in this state.
3. The court shall issue a summons upon the filing of a petition and affidavit.
4. If a child is in need of continued foster care services as determined by the human
service zone or the department of health and human services and as set forth in a
continued foster care agreement, the court shall make the following judicial
determination:
a. That the child is not in need of protection or delinquent, but is in need of
continued foster care services;
b. That the child will remain in or will return to foster care pursuant to the child's
continued foster care agreement;
c. That the child's continued foster care agreement has been willfully entered
between:
(1) The human service zone or the department of health and human services or
its agent, the child, and the foster care provider; or
(2) An agency or tribal council of a recognized Indian reservation in the state if
the child is not subject to the jurisdiction of the state, the child, and the foster
care provider;
d. That it is in the best interest of the child to remain in or return to foster care;
e. That reasonable efforts were made in accordance with subsection 7 of section
27-20.3-18;
f. That the child has attained the age of eighteen or older but does not exceed the
age of twenty-one years;
g. That the child has satisfied the education, employment, or disability requirements
under the federal Fostering Connections to Success and Increasing Adoptions
Act of 2008 [Pub. L. 110-351] and as set forth by the department of health and
human services;
h. That the human service zone, as determined by the department of health and
human services, or that an agency or tribal council of a recognized Indian
reservation in the state, shall continue foster care case management, unless
otherwise agreed to or required by the department of health and human services;
i. That the human service zone or an agency or tribal council of a recognized Indian
reservation in the state must have care and placement responsibility of the child;
j. That permanency hearing must be as set forth in section 27-20.3-26; and
k. That there are no grounds to file a petition to terminate parental rights under
section 27-20.3-20.
5. Pursuant to rule 16 of the North Dakota Rules of Juvenile Procedure, a court may
modify or vacate the judicial determination made under subsection 4.