Termination of Parental Rights or Legal Guardian Appointment 624-05-15-30

(Revised 2/10/07 ML #3053)

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A court’s order, “Termination of Parental Rights,” terminates all the parent’s rights and obligations with respect to the child and of the child to or through the parent arising from the parental relationship. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to or participate in the child’s adoption proceedings. The Agency’s petition for Termination of Parental Rights must follow current instructions and formats for such petitions, set forth the facts plainly, and state clearly that the effect of the Termination of Parental Rights will be as described above.

 

A court’s 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.

 

After a termination of parental rights, if there is no other parent having parental rights, the court must:  (N.D.C.C. 27-20-47)

  1. Commit the child to the custody of the Department of Human Services or a licensed child-placing agency for adoptive or foster care placement;

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

  3. Establish some other planned living arrangement for the child.

 

Legal Custodian:

N.D.C.C. 27-18-30 (8/1/99).  Rights and duties of legal custodian.  A custodian to whom legal custody has been given by the court under this chapter has the right to the physical custody of the child and the right to determine the nature of the care, placement and treatment of the child, including ordinary medical care as well as medical or surgical treatment for a serious physical condition or illness which in the opinion of a licensed physician requires prompt treatment, except for any limits the court may impose. The custodian also has the right and duty to provide for the care, protection, training, and education, and the physical, mental, and moral welfare of the child, subject to the conditions and limitations of the order and to the remaining rights and duties of the child’s parents or guardian.

 

(Consent for medical care for a foster child should come from the child’s parent. If that is not possible, consent should come from the child’s custodian, or the court, depending on the circumstances.)

 

If the child has not been placed for adoption within 12 months of the custody order and the court has not established a legal guardianship or other planned alternative arrangement for the child, the child must be returned to the court for entry of further orders for the care, custody, and control of the child.