§ 27-20.3-26 — Limitations of time on orders of disposition

North Dakota § 27-20.3-26

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

Text

1. An order terminating parental rights is without limit as to duration.
2. An order of disposition requiring services for the family without the removal of custody
may not exceed twelve months from disposition unless extended by the court. The
human service zone may request two extensions of up to four months each for the
family to complete the treatment goals of the court order and the case plan.
3. Except as provided in subsection 2, an order of disposition pursuant to which a child is
placed in foster care may not continue in force for more than twelve months after the
child is considered to have entered foster care. Before the extension of any court order
limited under this subsection, a permanency hearing must be conducted. Any other
order of disposition may not continue in force for more than twelve months.
4. Unless the requirements of a permanency hearing were fulfilled at the hearing, a
permanency hearing must be held within thirty days of the court's determination that
reasonable efforts to return the child home are not required.
5. Except after a termination of parental rights finding, the court may terminate an order
of disposition before the expiration of the order or extend its duration for further
periods. An order of extension may be made if:
a. A hearing is held before the expiration of the order upon motion of a party or on
the court's own motion;
b. Reasonable notice of the hearing and opportunity to be heard are given to the
parties affected;
c. The court finds the extension is necessary to accomplish the purposes of the
order extended; and
d. The extension does not exceed twelve months from the expiration of an order
limited by subsection 3 or two years from the expiration of any other limited order.
6. The court may terminate an order of disposition or extension before its expiration, on
or without an application of a party, if it appears to the court the purposes of the order
have been accomplished. If a party may be affected adversely by the order of
termination, the order may be made only after reasonable notice and opportunity to be
heard have been given to the party.
7. Except as provided in subsection 1, when the child attains the age of eighteen years,
all orders affecting the child who is the subject of a child in need of protection order
then in force terminate and the child is discharged from further obligation or control.
8. If an order of disposition is made with respect to a child under the age of ten years
pursuant to which the child is placed in foster care without terminating parental rights
and the parent and child relationship, the court, before extending the duration of the
order, shall determine upon the extension hearing whether the child is adoptable and
whether termination of those rights and that relationship is warranted under section
27-20.3-20 and is in the best interest of the child. In that case the notice of the
extension hearing also must inform the parties affected that the court will determine
whether the child is adoptable and whether termination of their parental rights and the
parent and child relationship is warranted and in the best interest of the child and that
a further order of disposition may be made by the court placing the child with a view to
adoption. If the court determines the child is adoptable and termination of parental
rights and the parent and child relationship is warranted and is in the best interest of
the child, the court shall make a further order of disposition terminating those rights
and that relationship and committing the child under section 27-20.3-24.