Legal Status 447-10-20-10

(Revised 11/1/10 ML #3249)

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PI 17-23

Applies to all children in foster care.

A court order* is an order from a court of competent jurisdiction removing the child from the home and placing responsibility for the care of the child with a public agency. The court order must specify that continuation in the home is contrary to the welfare of the child or that the placement is in the best interest of the child. This requirement maybe met by language that indicates that the child is being placed in State custody due to the child’s need for treatment, rehabilitation, and supervision. This language must be in the removal order.


*	Documentation of Judicial Determinations: If the reasonable efforts and contrary to the welfare judicial determinations are not included as required in the court orders, a transcript of the court proceedings is the only other documentation accepted to verify that these required determinations have been made. Neither affidavits nor nunc pro tunc orders will be accepted as verification documentation in support of reasonable efforts and contrary to the welfare judicial determinations.

Documentation of Judicial Determinations: If the reasonable efforts and contrary to the welfare judicial determinations are not included as required in the court orders, a transcript of the court proceedings is the only other documentation accepted to verify that these required determinations have been made. Neither affidavits nor nunc pro tunc orders will be accepted as verification documentation in support of reasonable efforts and contrary to the welfare judicial determinations.

Federal child welfare requirements and North Dakota law requires “reasonable efforts” findings to prevent the removal of the child from the home (or reasonable efforts were not required such as in the case of aggravated circumstances) and to make and finalize a permanent plan for the child. A judicial determination must also be made addressing sibling placements and/or family connections.

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 Social Security Act [42 U.S.C. 620, et seq., and 42 U.S.C. 6701, et seq.], as amended, and federal regulations adopted thereunder. These regulations require that the initial court order and subsequent court reviews document the agency’s reasonable efforts as described above.

Independent Living Language: This is an additional requirement for youth age 16 and over. The court must find services have been /will be provided to assist youth in making the transition from foster care to independent living in all Dispositional and Permanency Hearings.