North Dakota State Law 623-10-25-05

(Revised 2/20/07 ML #3066)

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The juvenile court has concurrent jurisdiction with district court of proceedings for the appointment of a guardian for a minor which, if originated under N.D.C.C. 27-20, are governed by 27-20 and chapter 30.1-27.

 

N.D.C.C. 27-20-36.

An order establishing a legal guardianship is without limit as to duration.

 

N.D.C.C. 27-20-46.

This deals with the effect of an order terminating parental rights or appointment a legal guardian.

 

A new subsection was also added:

An order appointing a legal guardian terminates any authority of a parent that is granted to the legal guardian under that order. A parent subject to such an order is entitled to treatment as a party at any subsequent juvenile court proceeding regarding the child.

 

N.D.C.C. 27-20-47.

This section provides additional dispositions upon termination of parental rights, namely:

  1. Appoint a fit and willing relative or other appropriate individual as the child’s legal guardian, or

  2. Establish some other planned permanent living arrangement.

 

N.D.C.C. 30.1-27.

Appointment of a legal guardian.

  1. In a proceeding under chapter 30.1-27, the court may:

  1. Without terminating parental rights, appoint a fit and willing relative or other appropriate individual as the child’s legal guardian if the court has determined that a lawful basis exists for terminating parental rights, but the child is unlikely to be placed for adoption; or

  2. Appoint a fit and willing relative or other appropriate individual as the child’s legal guardian if the child has not been placed for adoption within twelve months after a termination of parental rights.

  1. An individual appointed as a legal guardian has:

  1. If there is a parent with remaining parental rights, the rights of a legal custodian; and

  2. If there is no parent with remaining parental rights, the rights of a legal custodian and the authority to consent to the child’s adoption, marriage, enlistment in the armed forces of the United States, and surgical and other medical treatment.

 

N.D.C.C. 27-20-30.  Disposition of deprived child.

  1. If a child is found to be a deprived child, the court may make any of the following orders of disposition best suited to the protection and physical, mental, and moral welfare of the child.

  1. Appoint a fit and willing relative or other appropriate individual as the child’s legal guardian.

 

N.D.C.C. 50-11.3-01.  Criminal history record investigation required.

Before appointment as a legal guardian under 27-20, the individual must be subject to an assessment that includes the result of a criminal history record investigation made under this section.

 

Any prospective guardian must have the Bureau of Criminal Investigation (BCI) background

 

Exceptions to the FBI background check requirement are found at N.D.C.C. 50-11.3-01(6).