§ 27-20.4-24 — Reasonable efforts to prevent removal or to reunify - When required

North Dakota § 27-20.4-24

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-20.4: Delinquency

Text

1. As used in this section, "reasonable efforts" means the exercise of due diligence, by
the agency granted authority over the child under this chapter, to use appropriate and
available services to meet the needs of the child and the child's family in order to
prevent removal of the child from the child's family or, after removal, to use appropriate
and available services to eliminate the need for removal, to reunite the child and the
child's family, and to maintain family connections. In determining reasonable efforts to
be made with respect to a child under this section, and in making reasonable efforts,
the child's health and safety must be the paramount concern.
2. Except as provided in subsection 4, reasonable efforts must be made to preserve
families, reunify families, and maintain family connections:
a. Before the placement of a child in foster care, to prevent or eliminate the need for
removing the child from the child's home;
b. To make it possible for a child to return safely to the child's home;
c. Whether and, if applicable, to place siblings in the same foster care, relative,
guardianship, or adoptive placement, unless it is determined that such a joint
placement would be contrary to the safety or well-being of any of the siblings; and
d. In the case of siblings removed from the home of the siblings who are not jointly
placed, to provide for frequent visitation or other ongoing interaction between the
siblings, unless it is contrary to the safety or well-being of any of the siblings.
3. If the court or the child's custodian determined that continuation of reasonable efforts,
as described in subsection 2, is inconsistent with the permanency plan for the child,
reasonable efforts must be made to place the child in a timely manner in accordance
with the permanency plan and to complete whatever steps are necessary to finalize
the permanent placement of the child.
4. Reasonable efforts of the type described in subsection 2 are not required if:
a. A court of competent jurisdiction has determined a parent has subjected a child to
aggravated circumstances; or
b. The parental rights of the parent, with respect to another child of the parent, have
been involuntarily terminated.
5. Efforts to place a child for adoption, with a fit and willing relative or other appropriate
individual as a legal guardian, or in another planned permanent living arrangement,
may be made concurrently with reasonable efforts of the type described in
subsection 2.
6. Removal of a child from the child's home for placement in foster care must be based
on judicial findings stated in the court's order, and determined on a case-by-case basis
in a manner that complies with the requirements of titles IV-B and IV-E of the federal
Social Security Act [42 U.S.C. 620 et seq. and 42 U.S.C. 6701 et seq.], as amended,
and federal regulations adopted under those federal laws, provided that this
subsection may not provide a basis for overturning an otherwise valid court order.

7. For the purpose of section 27-20.3-17, reasonable efforts were made under this
section to meet the child's needs before a foster care placement for a child remaining
in care for continued foster care purposes.