North Dakota § 27-20.6-11 Hearing

North Dakota Statutes

§ 27-20.6-11 — Hearing

North Dakota § 27-20.6-11

Title 27Judicial Branch of Government

Ch. 27-20.6Re-establishment of Parental Rights and Responsibilities

This text of North Dakota § 27-20.6-11 (Hearing) 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 § 27-20.6-11 (2026).

Text

1.The petitioner has the burden of proof at the hearing.

2.At the hearing, the court may grant the petition ordering the re-establishment of the legal parent and child relationship only if the court finds by clear and convincing evidence that:

a.Re-establishment of the legal parent and child relationship is in the child's best interests;

b.There is no pending litigation or appeal pertaining to the original termination of parental rights proceeding;

c.The genetic parent whose rights are sought to be re-established is not named in any other active juvenile court case;

d.The child has not been adopted;

e.The child is not the subject of a written adoption placement agreement between the responsible social services agency and the prospective adoptive parent;

f.At least twelve months hav

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1. The petitioner has the burden of proof at the hearing.
2. At the hearing, the court may grant the petition ordering the re-establishment of the
legal parent and child relationship only if the court finds by clear and convincing
evidence that:
a. Re-establishment of the legal parent and child relationship is in the child's best
interests;
b. There is no pending litigation or appeal pertaining to the original termination of
parental rights proceeding;
c. The genetic parent whose rights are sought to be re-established is not named in
any other active juvenile court case;
d. The child has not been adopted;
e. The child is not the subject of a written adoption placement agreement between
the responsible social services agency and the prospective adoptive parent;
f. At least twelve months have elapsed following a final order terminating parental
rights and the child remains in foster care;
g. The genetic parent has corrected the condition that led to the order terminating
parental rights; and
h. The genetic parent is willing and has the capability to provide day-to-day care and
maintain the health, safety, and welfare of the child.
3. In determining whether to grant a petition under this chapter, the court shall consider
the child's age, maturity, and ability to express a preference and may consider the
child's preference regarding the re-establishment as one factor, along with any other
relevant factor.