§ 27-20.3-21 — Petition for termination of parental rights (Effective through July 31, 2027)

North Dakota § 27-20.3-21

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

Text

2027)
1. As used in this section:
a. "A finding that the child has been subjected to child abuse or neglect" means:
(1) A finding of a child in need of protection made under this chapter, except as
provided in subdivision i of subsection 5 of section 27-20.3-01; or
(2) A conviction of a person, responsible for a child's welfare, for conduct
involving the child, under chapter 12.1-16 or sections 12.1-17-01 through
12.1-17-04 or 12.1-20-01 through 12.1-20-08.
b. "Compelling reason" means a recorded statement that reflects consideration of:
(1) The child's age;
(2) The portion of the child's life spent living in the household of a parent of the
child;
(3) The availability of an adoptive home suitable to the child's needs;
(4) Whether the child has special needs; and
(5) The expressed wishes of a child age ten or older.
c. "Department" means the department of health and human services.
d. "Human service zone" means a county or consolidated group of counties
administering human services within a designated area in accordance with an
agreement or plan approved by the department.
2. A petition for termination of parental rights must be prepared, filed, and served upon
the parties by the state's attorney. A petition may also be prepared by any other person
that is not the court, including a law enforcement officer, who has knowledge of the
facts alleged or is informed and believes that they are true. A petition prepared by any
person other than a state's attorney may not be filed unless the director or the court
has determined the filing of the petition is in the best interest of the public and the
child.
3. Except as provided in subsection 4, a petition for termination of parental rights must be
filed:
a. If the child has been in foster care, in the custody of the department, human
service zone, or, in cases arising out of an adjudication by the court of a child in a
delinquency case, the division of juvenile services, for at least four hundred fifty
out of the previous six hundred sixty nights;
b. Within sixty days after the court has found the child to be an abandoned infant; or
c. Within sixty days after the court has convicted the child's parent of one of the
following crimes, or of an offense under the laws of another jurisdiction which
requires proof of substantially similar elements:
(1) A violation of section 12.1-16-01, 12.1-16-02, or 12.1-16-03, or subsection 1
of section 14-09-22 in which the victim is another child of the parent;
(2) Aiding, abetting, attempting, conspiring, or soliciting a violation of section
12.1-16-01, 12.1-16-02, or 12.1-16-03 in which the victim is a child of the
parent; or
(3) A violation of section 12.1-17-02 in which the victim is a child of the parent
and has suffered serious bodily injury.
4. A petition for termination of parental rights need not be filed if:
a. The child is being cared for by a relative approved by the human service zone;
b. The human service zone has documented in the case plan a compelling reason
for determining that filing such a petition would not be in the child's best interests

and has notified the court that the documentation is available for review by the
court; or
c. The human service zone has determined:
(1) Reasonable efforts to preserve and reunify the family are required under
section 27-20.3-26 to be made with respect to the child;
(2) The case plan provides such services are necessary for the safe return of
the child to the child's home; and
(3) Such services have not been provided consistent with time periods
described in the case plan.
5. For purposes of subsection 3, a child in foster care entered foster care on the earlier
of:
a. The date of the court's order if the court:
(1) Made a finding that the child has been subjected to child abuse or neglect or
the child is in need of protection under subdivision i of subsection 5 of
section 27-20.3-01;
(2) Determined that it is unsafe or contrary to the welfare of the child to remain
in the home; and
(3) Granted custody of the child to the human service zone or, in cases arising
out of an adjudication by the court that a child is in need of services, the
division of juvenile services; or
b. The date that is sixty days after:
(1) The date of a hearing under section 27-20.3-10 which results in maintaining
a child in shelter care;
(2) The date of an order in a dispositional hearing under which a child is placed
in foster care; or
(3) The date a child is placed in foster care voluntarily and with the consent of
the child's parent.
6. For purposes of subsection 3, a child leaves foster care at the time:
a. The court enters an order:
(1) Denying a petition to grant care, custody, and control of the child to the
human service zone or the division of juvenile services;
(2) Terminating an order that granted custody of the child to the human service
zone or the division of juvenile services; or
(3) Appointing a legal guardian under chapter 27-20.1;
b. The court order under which the child entered foster care ends by operation of
law;
c. The child is placed in a parental home by the court or a legal custodian other than
the division of juvenile services and the legal custodian lacks authority to remove
the child without further order of the court; or
d. The child is placed in a parental home by the division of juvenile services.
7. For purposes of subsection 3, a child is not in foster care on any night during which the
child is:
a. On a trial home visit;
b. Receiving services at the youth correctional center pursuant to an adjudication of
delinquency; or
c. Absent without leave from the place in which the child was receiving foster care.
Petition for termination of parental rights. (Effective after July 31, 2027)
1. As used in this section:
a. "A finding that the child has been subjected to child abuse or neglect" means:
(1) A finding of a child in need of protection made under this chapter; or
(2) A conviction of a person, responsible for a child's welfare, for conduct
involving the child, under chapter 12.1-16 or sections 12.1-17-01 through
12.1-17-04 or 12.1-20-01 through 12.1-20-08.
b. "Compelling reason" means a recorded statement that reflects consideration of:
(1) The child's age;

(2) The portion of the child's life spent living in the household of a parent of the
child;
(3) The availability of an adoptive home suitable to the child's needs;
(4) Whether the child has special needs; and
(5) The expressed wishes of a child age ten or older.
c. "Department" means the department of health and human services.
d. "Human service zone" means a county or consolidated group of counties
administering human services within a designated area in accordance with an
agreement or plan approved by the department.
2. A petition for termination of parental rights must be prepared, filed, and served upon
the parties by the state's attorney. A petition may also be prepared by any other person
that is not the court, including a law enforcement officer, who has knowledge of the
facts alleged or is informed and believes that they are true. A petition prepared by any
person other than a state's attorney may not be filed unless the director or the court
has determined the filing of the petition is in the best interest of the public and the
child.
3. Except as provided in subsection 4, a petition for termination of parental rights must be
filed:
a. If the child has been in foster care, in the custody of the department, human
service zone, or, in cases arising out of an adjudication by the court of a child in a
delinquency case, the division of juvenile services, for at least four hundred fifty
out of the previous six hundred sixty nights;
b. Within sixty days after the court has found the child to be an abandoned infant; or
c. Within sixty days after the court has convicted the child's parent of one of the
following crimes, or of an offense under the laws of another jurisdiction which
requires proof of substantially similar elements:
(1) A violation of section 12.1-16-01, 12.1-16-02, or 12.1-16-03, or subsection 1
of section 14-09-22 in which the victim is another child of the parent;
(2) Aiding, abetting, attempting, conspiring, or soliciting a violation of section
12.1-16-01, 12.1-16-02, or 12.1-16-03 in which the victim is a child of the
parent; or
(3) A violation of section 12.1-17-02 in which the victim is a child of the parent
and has suffered serious bodily injury.
4. A petition for termination of parental rights need not be filed if:
a. The child is being cared for by a relative approved by the human service zone;
b. The human service zone has documented in the case plan a compelling reason
for determining that filing such a petition would not be in the child's best interests
and has notified the court that the documentation is available for review by the
court; or
c. The human service zone has determined:
(1) Reasonable efforts to preserve and reunify the family are required under
section 27-20.3-26 to be made with respect to the child;
(2) The case plan provides such services are necessary for the safe return of
the child to the child's home; and
(3) Such services have not been provided consistent with time periods
described in the case plan.
5. For purposes of subsection 3, a child in foster care entered foster care on the earlier
of:
a. The date of the court's order if the court:
(1) Made a finding that the child has been subjected to child abuse or neglect;
(2) Determined that it is unsafe or contrary to the welfare of the child to remain
in the home; and
(3) Granted custody of the child to the human service zone or, in cases arising
out of an adjudication by the court that a child is in need of services, the
division of juvenile services; or
b. The date that is sixty days after:

(1) The date of a hearing under section 27-20.3-10 which results in maintaining
a child in shelter care;
(2) The date of an order in a dispositional hearing under which a child is placed
in foster care; or
(3) The date a child is placed in foster care voluntarily and with the consent of
the child's parent.
6. For purposes of subsection 3, a child leaves foster care at the time:
a. The court enters an order:
(1) Denying a petition to grant care, custody, and control of the child to the
human service zone or the division of juvenile services;
(2) Terminating an order that granted custody of the child to the human service
zone or the division of juvenile services; or
(3) Appointing a legal guardian under chapter 27-20.1;
b. The court order under which the child entered foster care ends by operation of
law;
c. The child is placed in a parental home by the court or a legal custodian other than
the division of juvenile services and the legal custodian lacks authority to remove
the child without further order of the court; or
d. The child is placed in a parental home by the division of juvenile services.
7. For purposes of subsection 3, a child is not in foster care on any night during which the
child is:
a. On a trial home visit;
b. Receiving services at the youth correctional center pursuant to an adjudication of
delinquency; or
c. Absent without leave from the place in which the child was receiving foster care.