North Dakota § 27-20.3-24 Disposition upon termination of parental rights

North Dakota Statutes

§ 27-20.3-24 — Disposition upon termination of parental rights

North Dakota § 27-20.3-24

Title 27Judicial Branch of Government

Ch. 27-20.3Child Welfare

This text of North Dakota § 27-20.3-24 (Disposition upon termination of parental rights) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 27-20.3-24 (2026).

Text

1.If, upon entering an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall:

a.Commit the child to the custody of the human service zone director or a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of such an agreement, in a foster home;

b.Appoint a fit and willing relative or other appropriate individual as the child's legal guardian; or

c.Establish some other planned permanent living arrangement.

2.The custodian has the rights of a legal custodian and authority to consent to the child's adoption, marriage, enlistment in the armed forces of the United States, and surgical and other medical treatment.

3.If the child is not placed for adoption within t

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1. If, upon entering an order terminating the parental rights of a parent, there is no parent
having parental rights, the court shall:
a. Commit the child to the custody of the human service zone director or a licensed
child-placing agency willing to accept custody for the purpose of placing the child
for adoption or, in the absence of such an agreement, in a foster home;
b. Appoint a fit and willing relative or other appropriate individual as the child's legal
guardian; or
c. Establish some other planned permanent living arrangement.
2. The custodian has the rights of a legal custodian and authority to consent to the child's
adoption, marriage, enlistment in the armed forces of the United States, and surgical
and other medical treatment.
3. If the child is not placed for adoption within twelve months after the date of the order
and a legal guardianship or other planned permanent living arrangement for the child
has not been established by a court of competent jurisdiction, the child must be
returned to the court issuing the original termination order for entry of further orders for
the care, custody, and control of the child.
4. Unless chapter 27-19.1 or the federal Indian Child Welfare Act of 1978 [25 U.S.C.
1901 et seq.] applies, and if after conducting a diligent and exhaustive search, a fit and
willing relative interested in adoption is not located, a human service zone director or
licensed child-placing agency that places a child for adoption under subdivision a of
subsection 1, shall consider granting the adoptive placement to a licensed, certified, or
approved family foster home for children provider interested in adopting the child, if the
licensed, certified, or approved family foster home for children provider provided foster
care to the child:
a. For one year or longer leading up to the termination of parental rights; and
b. Without a correction order, fiscal sanction, or license revocation proceeding.
5. Subsection 4 does not apply if considering the adoptive placement to the licensed,
certified, or approved family foster home for children provider would result in siblings
who are placed for adoption being placed in separate homes.