21 | | - | e.The marital status of the petitioner, including the date and place of marriage, if married. |
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22 | | - | f.That the petitioner has facilities and resources, including those available under a subsidy |
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23 | | - | agreement, suitable to provide for the nurture and care of the minor to be adopted, and |
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24 | | - | that it is the desire of the petitioner to establish the relationship of parent and child with |
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25 | | - | the individual to be adopted. |
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26 | | - | g.A description and estimate of value of any property of the individual to be adopted. |
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27 | | - | h.The name of any individual whose consent to the adoption is required, but who has not |
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28 | | - | consented, and facts or circumstances which excuse the lack of the individual's consent |
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29 | | - | normally required to the adoption. |
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| 28 | + | e.The marital status of the petitioner, including the date and place of marriage, if |
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| 29 | + | married. |
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| 30 | + | f.That the petitioner has facilities and resources, including those available under a |
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| 31 | + | subsidy agreement, suitable to provide for the nurture and care of the minor to be |
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| 32 | + | Page No. 1 25.8086.01001 |
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| 33 | + | HOUSE BILL NO. 1120 |
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| 34 | + | PROPOSED AMENDMENTS TO |
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| 54 | + | 20 Sixty-ninth |
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| 55 | + | Legislative Assembly |
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| 56 | + | adopted, and that it is the desire of the petitioner to establish the relationship of |
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| 57 | + | parent and child with the individual to be adopted. |
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| 58 | + | g.A description and estimate of value of any property of the individual to be |
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| 59 | + | adopted. |
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| 60 | + | h.The name of any individual whose consent to the adoption is required, but who |
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| 61 | + | has not consented, and facts or circumstances which excuse the lack of the |
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| 62 | + | individual's consent normally required to the adoption. |
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31 | | - | j.The human service zone as respondent if the minor to be adopted is in the custody of the |
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32 | | - | human service zone. |
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33 | | - | k.That the petitioner's expenses were reasonable as verified by the court. Reasonable fees |
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34 | | - | may be charged for professional services and living expenses if reflected in a report of |
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35 | | - | agreements and disbursements filed under this chapter and approved by the court. The |
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36 | | - | fees may not be contingent upon placement of the child for adoption, consent to |
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37 | | - | adoption, or cooperation in the completion of adoption. Reasonable fees may include: |
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38 | | - | (1)Preplacement counseling, adoption assessment, placement of the child, foster care, |
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39 | | - | or other preadoption services, which must be paid directly to the provider of the |
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40 | | - | services; H. B. NO. 1120 - PAGE 2 |
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41 | | - | (2)Legal fees relating to the petition for relinquishment or adoption, that must be paid |
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42 | | - | directly to the provider of the services; |
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43 | | - | (3)Medical expenses relating to prenatal care and the birth of the child, that are not |
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44 | | - | already covered by health insurance; |
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45 | | - | (4)Expenses for transportation, meals, and lodging incurred for placement of the child |
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46 | | - | or in order to receive counseling, legal, or medical services related to the |
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47 | | - | pregnancy, birth, or placement; and |
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48 | | - | (5)Living expenses of the birth mother which are needed to maintain an adequate |
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49 | | - | standard of living, which the birth mother is unable to otherwise maintain because of |
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50 | | - | loss of income or other support resulting from the pregnancy. |
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51 | | - | (a)The payments may cover expenses incurred during the pregnancy-related |
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52 | | - | incapacity but not for a period longer than six weeks following the delivery, |
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53 | | - | unless the court determines within the six-week period that the birth mother is |
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54 | | - | unable to be employed due to physical limitations relating to the birth of the |
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55 | | - | child. |
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56 | | - | (b)Living expenses do not include expenses for lost wages, gifts, educational |
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57 | | - | expenses, vacations, or other similar expenses of a birth mother. |
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58 | | - | 2.A certified copy of the birth certificate or verification of birth record of the individual to be |
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59 | | - | adopted, if available, and the required consents and relinquishments must be filed with the |
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60 | | - | clerk. |
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| 64 | + | j.The human service zone as respondent if the minor to be adopted is in the |
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| 65 | + | custody of the human service zone. |
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| 66 | + | k.That the petitioner's expenses were reasonable as verified by the court. |
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| 67 | + | Reasonable fees may be charged for professional services and living expenses if |
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| 68 | + | reflected in a report of agreements and disbursements filed under this chapter |
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| 69 | + | and approved by the court. The fees may not be contingent upon placement of |
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| 70 | + | the child for adoption, consent to adoption, or cooperation in the completion of |
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| 71 | + | adoption. Reasonable fees may include: |
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| 72 | + | (1)Preplacement counseling, adoption assessment, placement of the child, |
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| 73 | + | foster care, or other preadoption services, which must be paid directly to the |
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| 74 | + | provider of the services; |
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| 75 | + | (2)Legal fees relating to the petition for relinquishment or adoption, that must |
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| 76 | + | be paid directly to the provider of the services; |
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| 77 | + | (3)Medical expenses relating to prenatal care and the birth of the child, that are |
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| 78 | + | not already covered by health insurance; |
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| 79 | + | (4)Expenses for transportation, meals, and lodging incurred for placement of |
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| 80 | + | the child or in order to receive counseling, legal, or medical services related |
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| 81 | + | to the pregnancy, birth, or placement; and |
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| 82 | + | (5)Living expenses of the birth mother which are needed to maintain an |
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| 83 | + | adequate standard of living, which the birth mother is unable to otherwise |
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| 84 | + | maintain because of loss of income or other support resulting from the |
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| 85 | + | pregnancy. |
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| 86 | + | Page No. 2 25.8086.01001 |
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| 116 | + | 30 Sixty-ninth |
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| 117 | + | Legislative Assembly |
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| 118 | + | (a)The payments may cover expenses incurred during the |
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| 119 | + | pregnancy-related incapacity but not for a period longer than six |
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| 120 | + | weeks following the delivery, unless the court determines within the |
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| 121 | + | six-week period that the birth mother is unable to be employed due to |
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| 122 | + | physical limitations relating to the birth of the child. |
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| 123 | + | (b)Living expenses do not include expenses for lost wages, gifts, |
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| 124 | + | educational expenses, vacations, or other similar expenses of a birth |
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| 125 | + | mother. |
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| 126 | + | 2.A certified copy of the birth certificate or verification of birth record of the individual to |
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| 127 | + | be adopted, if available, and the required consents and relinquishments must be filed |
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| 128 | + | with the clerk. |
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66 | | - | 1.a.After the filing of a petition to adopt a minor, the court shall fix a time and place for |
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67 | | - | hearing the petition. At least twenty days before the date of hearing, notice of the filing of |
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68 | | - | the petition and of the time and place of hearing must be given by the petitioner to the |
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69 | | - | department and if the minor to be adopted is in the custody of the human service zone to |
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70 | | - | the human service zone; any agency or individual whose consent to the adoption is |
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71 | | - | required by this chapter but who has not consented; an individual whose consent is |
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72 | | - | dispensed with upon any ground mentioned in subdivisions a, b, f, h, i, and j of |
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73 | | - | subsection 1 of section 14-15-06 but who has not consented; any appropriate Indian |
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74 | | - | tribe; and any individual identified by the court as a biological parent or a possible |
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75 | | - | biological parent of the minor, upon making inquiry to the extent necessary and |
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76 | | - | appropriate, as in proceedings under section 27-20.3-22, unless the individual has |
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77 | | - | relinquished parental rights or the individual's parental rights have been previously |
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78 | | - | terminated by a court. The notice to the department and if the minor to be adopted is in |
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79 | | - | the custody of the human service zone to the human service zone must be accompanied |
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80 | | - | by a copy of the petition. |
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81 | | - | b.Notice of the filing of a petition to adopt an adult must be given by the petitioner at least |
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82 | | - | twenty days before the date of the hearing to each living parent of the adult to be |
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83 | | - | adopted. |
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84 | | - | 2.An investigation must be made by a licensed child-placing agency or by the department when |
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85 | | - | a child - placing agency has a conflict of interest to inquire into the conditions and antecedents |
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86 | | - | of a minor sought to be adopted and of the petitioner for the purpose of ascertaining whether: H. B. NO. 1120 - PAGE 3 |
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| 134 | + | 1.a.After the filing of a petition to adopt a minor, the court shall fix a time and place |
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| 135 | + | for hearing the petition. At least twenty days before the date of hearing, notice of |
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| 136 | + | the filing of the petition and of the time and place of hearing must be given by the |
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| 137 | + | petitioner to the department and if the minor to be adopted is in the custody of the |
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| 138 | + | human service zone to the human service zone; any agency or individual whose |
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| 139 | + | consent to the adoption is required by this chapter but who has not consented; an |
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| 140 | + | individual whose consent is dispensed with upon any ground mentioned in |
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| 141 | + | subdivisions a, b, f, h, i, and j of subsection 1 of section 14-15-06 but who has not |
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| 142 | + | consented; any appropriate Indian tribe; and any individual identified by the court |
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| 143 | + | as a biological parent or a possible biological parent of the minor, upon making |
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| 144 | + | inquiry to the extent necessary and appropriate, as in proceedings under section |
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| 145 | + | 27-20.3-22, unless the individual has relinquished parental rights or the |
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| 146 | + | individual's parental rights have been previously terminated by a court. The |
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| 147 | + | notice to the department and if the minor to be adopted is in the custody of the |
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| 148 | + | Page No. 3 25.8086.01001 |
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| 178 | + | 30 Sixty-ninth |
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| 179 | + | Legislative Assembly |
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| 180 | + | human service zone to the human service zone must be accompanied by a copy |
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| 181 | + | of the petition. |
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| 182 | + | b.Notice of the filing of a petition to adopt an adult must be given by the petitioner |
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| 183 | + | at least twenty days before the date of the hearing to each living parent of the |
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| 184 | + | adult to be adopted. |
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| 185 | + | 2.An investigation must be made by a licensed child-placing agency or by the |
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| 186 | + | department when a child - placing agency has a conflict of interest to inquire into the |
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| 187 | + | conditions and antecedents of a minor sought to be adopted and of the petitioner for |
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| 188 | + | the purpose of ascertaining whether: |
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88 | | - | b.The adoptive home is suitable for the minor. The licensed child-placing agency shall |
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89 | | - | obtain and consider the foster care assessment of an applicant who is also a licensed, |
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90 | | - | certified, or approved family foster home for children in the manner prescribed by the |
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91 | | - | department. An adoptive home is presumed suitable if, in the manner prescribed by the |
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92 | | - | department, the petitioner is continuously licensed, certified, or approved as a family |
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93 | | - | foster home for children under chapter 50-11 to furnish foster care for children for more |
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94 | | - | than one year without a correction order, fiscal sanction, or license revocation |
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95 | | - | proceeding, unless the custodial agency reasonably believes the use of the foster care |
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96 | | - | assessment or the licensed, certified, or approved family foster home for children is not in |
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97 | | - | the best interest of the minor. |
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98 | | - | 3.A written report of the investigation must be filed with the court by the investigator before the |
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99 | | - | petition is heard. |
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| 190 | + | b.The adoptive home is suitable for the minor. The licensed child-placing agency |
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| 191 | + | shall obtain and consider the foster care assessment of an applicant who is also |
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| 192 | + | a licensed, certified, or approved family foster home for children in the manner |
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| 193 | + | prescribed by the department. An adoptive home is presumed suitable if, in the |
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| 194 | + | manner prescribed by the department, the petitioner is continuously licensed, |
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| 195 | + | certified, or approved as a family foster home for children under chapter 50-11 to |
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| 196 | + | furnish foster care for children for more than one year without a correction order, |
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| 197 | + | fiscal sanction, or license revocation proceeding, unless the custodial agency |
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| 198 | + | reasonably believes the use of the foster care assessment or the licensed, |
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| 199 | + | certified, or approved family foster home for children is not in the best interest of |
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| 200 | + | the minor. |
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| 201 | + | 3.A written report of the investigation must be filed with the court by the investigator |
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| 202 | + | before the petition is heard. |
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110 | | - | 5.An investigation and report is not required in cases in which a stepparent is the petitioner or |
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111 | | - | the individual to be adopted is an adult. The department and human service zone, when |
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112 | | - | required to consent to the adoption, may give consent without making the investigation. If the |
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113 | | - | petitioner is a court-appointed legal guardian or a relative other than a stepparent of the minor, |
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114 | | - | the minor has lived with the petitioner for at least nine months, no allegations of abuse or |
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115 | | - | neglect have been filed against the petitioner or any member of the petitioner's household, |
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116 | | - | and the court is satisfied that the proposed adoptive home is appropriate for the minor, the |
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117 | | - | court may waive the investigation and report required under this section. |
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118 | | - | 6.The department and human service zone, when required to consent to the adoption, may |
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119 | | - | request the licensed child-placing agency to conduct further investigation and to make a |
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120 | | - | written report thereof as a supplemental report to the court. |
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121 | | - | 7.After the filing of a petition to adopt an adult, the court by order shall direct that a copy of the |
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122 | | - | petition and a notice of the time and place of the hearing be given to any individual whose |
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123 | | - | consent to the adoption is required but who has not consented and to each living parent of the |
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124 | | - | adult to be adopted. The court may order an appropriate investigation to assist it in |
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125 | | - | determining whether the adoption is in the best interest of the individuals involved. |
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| 244 | + | 5.An investigation and report is not required in cases in which a stepparent is the |
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| 245 | + | petitioner or the individual to be adopted is an adult. The department and human |
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| 246 | + | service zone, when required to consent to the adoption, may give consent without |
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| 247 | + | making the investigation. If the petitioner is a court-appointed legal guardian or a |
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| 248 | + | relative other than a stepparent of the minor, the minor has lived with the petitioner for |
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| 249 | + | at least nine months, no allegations of abuse or neglect have been filed against the |
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| 250 | + | petitioner or any member of the petitioner's household, and the court is satisfied that |
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| 251 | + | the proposed adoptive home is appropriate for the minor, the court may waive the |
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| 252 | + | investigation and report required under this section. |
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| 253 | + | 6.The department and human service zone, when required to consent to the adoption, |
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| 254 | + | may request the licensed child-placing agency to conduct further investigation and to |
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| 255 | + | make a written report thereof as a supplemental report to the court. |
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| 256 | + | 7.After the filing of a petition to adopt an adult, the court by order shall direct that a copy |
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| 257 | + | of the petition and a notice of the time and place of the hearing be given to any |
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| 258 | + | individual whose consent to the adoption is required but who has not consented and to |
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| 259 | + | each living parent of the adult to be adopted. The court may order an appropriate |
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| 260 | + | investigation to assist it in determining whether the adoption is in the best interest of |
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| 261 | + | the individuals involved. |
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144 | | - | a.Facilitation fees charged and completed by the child-placing agency including the cost of |
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145 | | - | preplacement birth parent counseling, adoption home study assessment, placement |
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146 | | - | costs for children not in public custody, utilizing a foster care placement prior to |
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147 | | - | finalization, placement supervision, or other preadoption services offered by the child- |
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148 | | - | placing agency; |
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149 | | - | b.Legal fees relating to the petition for relinquishment or adoption on behalf of the birth |
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150 | | - | parent; |
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151 | | - | c.Medical expenses relating to prenatal care and the birth of the child, which are not |
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152 | | - | already covered by the birth mother's health insurance or other public assistance |
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153 | | - | programs; |
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154 | | - | d.Expenses incurred by the birth parent for transportation, meals, and lodging in order to |
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155 | | - | receive counseling, legal, or medical services related to the pregnancy, birth, or |
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156 | | - | placement of the child; and |
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157 | | - | e.Living expenses of the birth mother which are needed to maintain an adequate standard |
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158 | | - | of living, not already covered by public assistance programs. |
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159 | | - | (1)The payments may cover expenses incurred during the pregnancy-related |
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| 314 | + | a.Facilitation fees charged and completed by the child-placing agency including the |
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| 315 | + | cost of preplacement birth parent counseling, adoption home study assessment, |
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| 316 | + | placement costs for children not in public custody, utilizing a foster care |
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| 317 | + | placement prior to finalization, placement supervision, or other preadoption |
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| 318 | + | services offered by the child-placing agency; |
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| 319 | + | b.Legal fees relating to the petition for relinquishment or adoption on behalf of the |
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| 320 | + | birth parent; |
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| 321 | + | c.Medical expenses relating to prenatal care and the birth of the child, which are |
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| 322 | + | not already covered by the birth mother's health insurance or other public |
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| 323 | + | assistance programs; |
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| 324 | + | d.Expenses incurred by the birth parent for transportation, meals, and lodging in |
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| 325 | + | order to receive counseling, legal, or medical services related to the pregnancy, |
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| 326 | + | birth, or placement of the child; and |
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| 327 | + | e.Living expenses of the birth mother which are needed to maintain an adequate |
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| 328 | + | standard of living, not already covered by public assistance programs. |
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| 329 | + | (1)The payments may cover expenses incurred during the pregnancy and |
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| 330 | + | delivery of the child, not to exceed the date of delivery pregnancy- related |
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170 | | - | 3.The licensee has violated any of the rules and regulationsrule or regulation of the department. |
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171 | | - | 4.The licensee has been guilty of an offense determined by the department to have a direct |
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172 | | - | bearing upon a person's ability to serve the public as a licensee, or the department H. B. NO. 1120 - PAGE 5 |
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173 | | - | determines, following conviction of any offense, the person is not sufficiently rehabilitated |
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174 | | - | under section 12.1-33-02.1made a false or misleading report to the department. |
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175 | | - | SECTION 5. AMENDMENT. Section 50-12-17 of the North Dakota Century Code is amended and |
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176 | | - | reenacted as follows: |
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| 373 | + | 3.The licensee has violated any of the rules and regulationsrule or regulation of the |
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| 374 | + | department. |
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| 375 | + | 4.The licensee has been guilty of an offense determined by the department to have a |
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| 376 | + | direct bearing upon a person's ability to serve the public as a licensee, or the |
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| 377 | + | department determines, following conviction of any offense, the person is not |
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| 378 | + | sufficiently rehabilitated under section 12.1-33-02.1made a false or misleading report |
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| 379 | + | to the department . |
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| 380 | + | SECTION 5. AMENDMENT. Section 50-12-17 of the North Dakota Century Code is |
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| 381 | + | amended and reenacted as follows: |
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178 | | - | 1.A person may not place or cause to be placed any child in a family home for adoption without |
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179 | | - | a license to do so from the department of health and human services except that a. |
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180 | | - | 2.Adoption services may be provided by the department when a conflict of interest with a child- |
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181 | | - | placing agency exists and another child - placing agency is unable to provide the service. |
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182 | | - | 3.A parent, upon giving written notice to the department, may place the parent's child in the |
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183 | | - | home of the child's parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, |
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184 | | - | or guardian for adoption by the person receiving the child. The child must be considered |
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185 | | - | abandoned if proceedings for the adoption or guardianship of the child are not initiated by |
---|
186 | | - | such relative within one year following the date of notice of placement. |
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| 383 | + | 1.A person may not place or cause to be placed any child in a family home for adoption |
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| 384 | + | without a license to do so from the department of health and human services except |
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| 385 | + | that a. |
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| 386 | + | 2.Adoption services may be provided by the department when a conflict of interest with |
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| 387 | + | a child-placing agency exists and another child - placing agency is unable to provide the |
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| 388 | + | service. |
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| 389 | + | 3.A parent, upon giving written notice to the department, may place the parent's child in |
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| 390 | + | the home of the child's parent, stepparent, grandparent, adult brother or sister, adult |
---|
| 391 | + | uncle or aunt, or guardian for adoption by the person receiving the child. The child |
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| 392 | + | must be considered abandoned if proceedings for the adoption or guardianship of the |
---|
| 393 | + | child are not initiated by such relative within one year following the date of notice of |
---|
| 394 | + | placement. |
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197 | | - | SECTION 6. REPEAL. Sections 50-12-02.1 and 50-12-11 of the North Dakota Century Code are |
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198 | | - | repealed. H. B. NO. 1120 - PAGE 6 |
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199 | | - | ____________________________ ____________________________ |
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200 | | - | Speaker of the House President of the Senate |
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201 | | - | ____________________________ ____________________________ |
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202 | | - | Chief Clerk of the House Secretary of the Senate |
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203 | | - | This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative |
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204 | | - | Assembly of North Dakota and is known on the records of that body as House Bill No. 1120. |
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205 | | - | House Vote: Yeas 88 Nays 0 Absent 6 |
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206 | | - | Senate Vote:Yeas 46 Nays 1 Absent 0 |
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207 | | - | ____________________________ |
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208 | | - | Chief Clerk of the House |
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209 | | - | Received by the Governor at ________M. on _____________________________________, 2025. |
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210 | | - | Approved at ________M. on __________________________________________________, 2025. |
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211 | | - | ____________________________ |
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212 | | - | Governor |
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213 | | - | Filed in this office this ___________day of _______________________________________, 2025, |
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214 | | - | at ________ o’clock ________M. |
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215 | | - | ____________________________ |
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216 | | - | Secretary of State |
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| 438 | + | SECTION 6. REPEAL. Sections 50-12-02.1 and 50-12-11 of the North Dakota Century |
---|
| 439 | + | Code are repealed. |
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| 440 | + | Page No. 8 25.8086.01001 |
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| 443 | + | 3 |
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| 444 | + | 4 |
---|
| 445 | + | 5 |
---|
| 446 | + | 6 |
---|
| 447 | + | 7 |
---|
| 448 | + | 8 |
---|
| 449 | + | 9 |
---|
| 450 | + | 10 |
---|