North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1556 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1556
4-(Representatives Stemen, Beltz, Hagert, O'Brien, Ostlie, Dockter, Nelson)
5-(Senators Lee, Roers, Davison)
6-AN ACT to amend and reenact subsection 5 of section 27-20.3-01, and sections 27-20.3-15 and
7-27-20.3-21 of the North Dakota Century Code, relating to a child in need of protection and
8-termination of parental rights; to create a workgroup under the children's cabinet to study
9-out-of-home placement or treatment of children with behavioral health issues; to provide for a
10-report; to provide an expiration date; and to declare an emergency.
1+25.1093.02003
2+Title.03000
3+Adopted by the Senate Human Services
4+Committee
5+Sixty-ninth
6+April 7, 2025
7+Legislative Assembly
8+of North Dakota
9+Introduced by
10+Representatives Stemen, Beltz, Hagert, O'Brien, Ostlie, Dockter, Nelson
11+Senators Lee, Roers, Davison
12+A BILL for an Act to amend and reenact subsection 5 of section 27-20.3-01, and sections
13+27-20.3-15 and 27-20.3-21 of the North Dakota Century Code, relating to a child in need of
14+protection and termination of parental rights; to create a work group under the children's cabinet
15+to study out-of-home placement or treatment of children with behavioral health issues; to
16+provide for a report; to provide an expiration date; and to declare an emergency.
1117 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12-SECTION 1. AMENDMENT. Subsection 5 of section 27-20.3-01 of the North Dakota Century Code
13-is amended and reenacted as follows:
18+SECTION 1. AMENDMENT. Subsection 5 of section 27-20.3-01 of the North Dakota
19+Century Code is amended and reenacted as follows:
1420 5."Child in need of protection" means a child who:
15-a.Is without proper parental care or control, subsistence, education as required by law, or
16-other care or control necessary for the child's physical, mental, or emotional health, or
17-morals, and the need for services or protection is not due primarily to the lack of financial
18-means of the child's parents, guardian, or other custodian;
21+a.Is without proper parental care or control, subsistence, education as required by
22+law, or other care or control necessary for the child's physical, mental, or
23+emotional health, or morals, and the need for services or protection is not due
24+primarily to the lack of financial means of the child's parents, guardian, or other
25+custodian;
1926 b.Has been placed for care or adoption in violation of law;
2027 c.Has been abandoned by the child's parents, guardian, or other custodian;
21-d.Is without proper parental care, control, or education as required by law, or other care
22-and control necessary for the child's well-being because of the physical, mental,
23-emotional, or other illness or disability of the child's parent or parents, and that such lack
24-of care is not due to a willful act of commission or act of omission by the child's parents,
25-and care is requested by a parent;
26-e.Is in need of treatment and whose parents, guardian, or other custodian have refused to
27-participate in treatment as ordered by the juvenile court;
28-f.Was subject to prenatal exposure to chronic or severe use of alcohol or any controlled
29-substance as defined in chapter 19-03.1 in a manner not lawfully prescribed by a
30-practitioner;
31-g.Is present in an environment subjecting the child to exposure to a controlled substance,
32-chemical substance, or drug paraphernalia as prohibited by section 19-03.1-22.2; or
28+d.Is without proper parental care, control, or education as required by law, or other
29+care and control necessary for the child's well-being because of the physical,
30+mental, emotional, or other illness or disability of the child's parent or parents,
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32+ENGROSSED HOUSE BILL NO. 1556
33+FIRST ENGROSSMENT
34+PROPOSED AMENDMENTS TO
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55+and that such lack of care is not due to a willful act of commission or act of
56+omission by the child's parents, and care is requested by a parent;
57+e.Is in need of treatment and whose parents, guardian, or other custodian have
58+refused to participate in treatment as ordered by the juvenile court;
59+f.Was subject to prenatal exposure to chronic or severe use of alcohol or any
60+controlled substance as defined in chapter 19-03.1 in a manner not lawfully
61+prescribed by a practitioner;
62+g.Is present in an environment subjecting the child to exposure to a controlled
63+substance, chemical substance, or drug paraphernalia as prohibited by section
64+19-03.1-22.2; or
3365 h.Is a victim of human trafficking as defined in title 12.1; or
3466 i.Is in need of care and treatment and:
35-(1)Has been diagnosed with a severe mental health condition or behavioral health
36-disorder by a licensed child psychologist or psychiatrist;
37-(2)Has committed an act of a violent or sexual nature against another family member
38-living in the household, which if committed by an adult would be considered a crime
39-under the laws of this state, and if the criteria under section 27 - 20.4 - 11 are met, has
40-at minimum been considered for informal adjustment; and H. B. NO. 1556 - PAGE 2
41-(3)Whose parent is unable to provide proper control of the child and is in fear for the
42-safety of a family member living in the same household as the child.
43-SECTION 2. AMENDMENT. Section 27-20.3-15 of the North Dakota Century Code is amended and
44-reenacted as follows:
67+(1)Has been diagnosed with a severe mental health condition or behavioral
68+health disorder by a licensed child psychologist or psychiatrist;
69+(2)Has committed an act of a violent or sexual nature against another family
70+member living in the household, which if committed by an adult would be
71+considered a crime under the laws of this state , and if the criteria under
72+section 27-20 .4-11 are met, has at minimum been considered for informal
73+adjustment ; and
74+(3)Whose parent is unable to provide proper control of the child and is in fear
75+for the safety of a family member living in the same household as the child .
76+SECTION 2. AMENDMENT. Section 27-20.3-15 of the North Dakota Century Code is
77+amended and reenacted as follows:
4578 27-20.3-15. Disposition of a child in need of protection.
46-1.If a child is found to be a child in need of protection, the court may make any of the following
47-orders of disposition best suited to the protection of the child or family and the physical,
48-mental, and moral welfare of the child:
49-a.Permit the child to reside with the child's parents, guardian, or other custodian, subject to
50-conditions and limitations as the court prescribes, including supervision as directed by
51-the court for the protection of the child.
52-b.Subject to conditions and limitations as the court prescribes, transfer temporary legal
53-custody to any of the following:
54-(1)An agency or other private organization licensed or otherwise authorized by law to
55-receive and provide care for the child.
56-(2)The director of the human service zone to receive and provide care for the child.
57-c.Require the child or parents, guardian, or other custodian to participate in treatment.
79+1.If a child is found to be a child in need of protection, the court may make any of the
80+following orders of disposition best suited to the protection of the child or family and
81+the physical, mental, and moral welfare of the child:
82+a.Permit the child to reside with the child's parents, guardian, or other custodian,
83+subject to conditions and limitations as the court prescribes, including supervision
84+as directed by the court for the protection of the child.
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117+b.Subject to conditions and limitations as the court prescribes, transfer temporary
118+legal custody to any of the following:
119+(1)An agency or other private organization licensed or otherwise authorized by
120+law to receive and provide care for the child.
121+(2)The director of the human service zone to receive and provide care for the
122+child.
123+c.Require the child or parents, guardian, or other custodian to participate in
124+treatment.
58125 d.Appoint a fit and willing relative or other appropriate individual as the child's legal
59126 guardian under section 27-20.1-11.
60-e.In cases in which a compelling reason has been shown that it would not be in the child's
61-best interests to return home, to have parental rights terminated, to be placed for
62-adoption, to be placed with a fit and willing relative, or to be placed with a legal guardian,
63-establish, by order, some other planned permanent living arrangement.
64-2.Without a compelling reason to the contrary, a court order that transfers the child from the
65-current protective placement to a parent or other biological family must provide a reasonable
66-period of time to facilitate a beneficial transition for the child and other parties involved.
67-3.A child in need of protection may not be placed in a residential facility that houses delinquent
68-children.
69-SECTION 3. AMENDMENT. Section 27-20.3-21 of the North Dakota Century Code is amended and
70-reenacted as follows:
127+e.In cases in which a compelling reason has been shown that it would not be in the
128+child's best interests to return home, to have parental rights terminated, to be
129+placed for adoption, to be placed with a fit and willing relative, or to be placed
130+with a legal guardian, establish, by order, some other planned permanent living
131+arrangement.
132+2.Without a compelling reason to the contrary, a court order that transfers the child from
133+the current protective placement to a parent or other biological family must provide a
134+reasonable period of time to facilitate a beneficial transition for the child and other
135+parties involved.
136+3.A child in need of protection may not be placed in a residential facility that houses
137+delinquent children.
138+SECTION 3. AMENDMENT. Section 27-20.3-21 of the North Dakota Century Code is
139+amended and reenacted as follows:
71140 27-20.3-21. Petition for termination of parental rights.
72141 1.As used in this section:
73142 a."A finding that the child has been subjected to child abuse or neglect" means:
74143 (1)A finding of a child in need of protection made under this chapter, except as
75144 provided in subdivision i of subsection 5 of section 27 - 20.3 - 01 ; or
76-(2)A conviction of a person, responsible for a child's welfare, for conduct involving the
77-child, under chapter 12.1-16 or sections 12.1-17-01 through 12.1-17-04 or
78-12.1-20-01 through 12.1-20-08.
145+(2)A conviction of a person, responsible for a child's welfare, for conduct
146+involving the child, under chapter 12.1-16 or sections 12.1-17-01 through
147+12.1-17-04 or 12.1-20-01 through 12.1-20-08.
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79181 b."Compelling reason" means a recorded statement that reflects consideration of:
80-(1)The child's age; H. B. NO. 1556 - PAGE 3
81-(2)The portion of the child's life spent living in the household of a parent of the child;
182+(1)The child's age;
183+(2)The portion of the child's life spent living in the household of a parent of the
184+child;
82185 (3)The availability of an adoptive home suitable to the child's needs;
83186 (4)Whether the child has special needs; and
84187 (5)The expressed wishes of a child age ten or older.
85188 c."Department" means the department of health and human services.
86-d."Human service zone" means a county or consolidated group of counties administering
87-human services within a designated area in accordance with an agreement or plan
88-approved by the department.
89-2.A petition for termination of parental rights must be prepared, filed, and served upon the
90-parties by the state's attorney. A petition may also be prepared by any other person that is not
91-the court, including a law enforcement officer, who has knowledge of the facts alleged or is
92-informed and believes that they are true. A petition prepared by any person other than a
93-state's attorney may not be filed unless the director or the court has determined the filing of
94-the petition is in the best interest of the public and the child.
95-3.Except as provided in subsection 4, a petition for termination of parental rights must be filed:
96-a.If the child has been in foster care, in the custody of the department, human service
97-zone, or, in cases arising out of an adjudication by the court of a child in a delinquency
98-case, the division of juvenile services, for at least four hundred fifty out of the previous six
99-hundred sixty nights;
189+d."Human service zone" means a county or consolidated group of counties
190+administering human services within a designated area in accordance with an
191+agreement or plan approved by the department.
192+2.A petition for termination of parental rights must be prepared, filed, and served upon
193+the parties by the state's attorney. A petition may also be prepared by any other
194+person that is not the court, including a law enforcement officer, who has knowledge of
195+the facts alleged or is informed and believes that they are true. A petition prepared by
196+any person other than a state's attorney may not be filed unless the director or the
197+court has determined the filing of the petition is in the best interest of the public and
198+the child.
199+3.Except as provided in subsection 4, a petition for termination of parental rights must be
200+filed:
201+a.If the child has been in foster care, in the custody of the department, human
202+service zone, or, in cases arising out of an adjudication by the court of a child in a
203+delinquency case, the division of juvenile services, for at least four hundred fifty
204+out of the previous six hundred sixty nights;
100205 b.Within sixty days after the court has found the child to be an abandoned infant; or
101-c.Within sixty days after the court has convicted the child's parent of one of the following
102-crimes, or of an offense under the laws of another jurisdiction which requires proof of
103-substantially similar elements:
104-(1)A violation of section 12.1-16-01, 12.1-16-02, or 12.1-16-03, or subsection 1 of
105-section 14-09-22 in which the victim is another child of the parent;
206+c.Within sixty days after the court has convicted the child's parent of one of the
207+following crimes, or of an offense under the laws of another jurisdiction which
208+requires proof of substantially similar elements:
209+(1)A violation of section 12.1-16-01, 12.1-16-02, or 12.1-16-03, or subsection 1
210+of section 14-09-22 in which the victim is another child of the parent;
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106243 (2)Aiding, abetting, attempting, conspiring, or soliciting a violation of section
107-12.1-16-01, 12.1-16-02, or 12.1-16-03 in which the victim is a child of the parent; or
108-(3)A violation of section 12.1-17-02 in which the victim is a child of the parent and has
109-suffered serious bodily injury.
244+12.1-16-01, 12.1-16-02, or 12.1-16-03 in which the victim is a child of the
245+parent; or
246+(3)A violation of section 12.1-17-02 in which the victim is a child of the parent
247+and has suffered serious bodily injury.
110248 4.A petition for termination of parental rights need not be filed if:
111249 a.The child is being cared for by a relative approved by the human service zone;
112-b.The human service zone has documented in the case plan a compelling reason for
113-determining that filing such a petition would not be in the child's best interests and has
114-notified the court that the documentation is available for review by the court; or
250+b.The human service zone has documented in the case plan a compelling reason
251+for determining that filing such a petition would not be in the child's best interests
252+and has notified the court that the documentation is available for review by the
253+court; or
115254 c.The human service zone has determined:
116-(1)Reasonable efforts to preserve and reunify the family are required under section
117-27-20.3-26 to be made with respect to the child;
118-(2)The case plan provides such services are necessary for the safe return of the child
119-to the child's home; and H. B. NO. 1556 - PAGE 4
120-(3)Such services have not been provided consistent with time periods described in the
121-case plan.
122-5.For purposes of subsection 3, a child in foster care entered foster care on the earlier of:
255+(1)Reasonable efforts to preserve and reunify the family are required under
256+section 27-20.3-26 to be made with respect to the child;
257+(2)The case plan provides such services are necessary for the safe return of
258+the child to the child's home; and
259+(3)Such services have not been provided consistent with time periods
260+described in the case plan.
261+5.For purposes of subsection 3, a child in foster care entered foster care on the earlier
262+of:
123263 a.The date of the court's order if the court:
124-(1)Made a finding that the child has been subjected to child abuse or neglect or the
125-child is in need of protection under subdivision i of subsection 5 of section
126-27 - 20.3 - 01 ;
127-(2)Determined that it is unsafe or contrary to the welfare of the child to remain in the
128-home; and
129-(3)Granted custody of the child to the human service zone or, in cases arising out of an
130-adjudication by the court that a child is in need of services, the division of juvenile
131-services; or
264+(1)Made a finding that the child has been subjected to child abuse or neglect or
265+the child is in need of protection under subdivision i of subsection 5 of
266+section 27 - 20.3 - 01 ;
267+(2)Determined that it is unsafe or contrary to the welfare of the child to remain
268+in the home; and
269+(3)Granted custody of the child to the human service zone or, in cases arising
270+out of an adjudication by the court that a child is in need of services, the
271+division of juvenile services; or
132272 b.The date that is sixty days after:
133-(1)The date of a hearing under section 27-20.3-10 which results in maintaining a child
134-in shelter care;
135-(2)The date of an order in a dispositional hearing under which a child is placed in
136-foster care; or
137-(3)The date a child is placed in foster care voluntarily and with the consent of the
138-child's parent.
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305+(1)The date of a hearing under section 27-20.3-10 which results in maintaining
306+a child in shelter care;
307+(2)The date of an order in a dispositional hearing under which a child is placed
308+in foster care; or
309+(3)The date a child is placed in foster care voluntarily and with the consent of
310+the child's parent.
139311 6.For purposes of subsection 3, a child leaves foster care at the time:
140312 a.The court enters an order:
141-(1)Denying a petition to grant care, custody, and control of the child to the human
142-service zone or the division of juvenile services;
143-(2)Terminating an order that granted custody of the child to the human service zone or
144-the division of juvenile services; or
313+(1)Denying a petition to grant care, custody, and control of the child to the
314+human service zone or the division of juvenile services;
315+(2)Terminating an order that granted custody of the child to the human service
316+zone or the division of juvenile services; or
145317 (3)Appointing a legal guardian under chapter 27-20.1;
146-b.The court order under which the child entered foster care ends by operation of law;
147-c.The child is placed in a parental home by the court or a legal custodian other than the
148-division of juvenile services and the legal custodian lacks authority to remove the child
149-without further order of the court; or
318+b.The court order under which the child entered foster care ends by operation of
319+law;
320+c.The child is placed in a parental home by the court or a legal custodian other
321+than the division of juvenile services and the legal custodian lacks authority to
322+remove the child without further order of the court; or
150323 d.The child is placed in a parental home by the division of juvenile services.
151-7.For purposes of subsection 3, a child is not in foster care on any night during which the child
152-is:
324+7.For purposes of subsection 3, a child is not in foster care on any night during which
325+the child is:
153326 a.On a trial home visit;
154327 b.Receiving services at the youth correctional center pursuant to an adjudication of
155328 delinquency; or
156-c.Absent without leave from the place in which the child was receiving foster care. H. B. NO. 1556 - PAGE 5
157-SECTION 4. CHILDREN'S CABINET - WORKGROUP - OUT -OF-HOME PLACEMENT OR
158-TREATMENT OF CHILDREN WITH BEHAVIORAL HEALTH ISSUES - REPORT.
159-1.During the 2025-26 interim, the children's cabinet shall establish a workgroup to study the
160-out-of-home placement or treatment of children with serious behavioral health issues. The
161-study must include consideration of children who also are involved in juvenile court
162-proceedings due to criminal activity.
329+c.Absent without leave from the place in which the child was receiving foster care.
330+SECTION 4. CHILDREN'S CABINET - WORK GROUP - OUT -OF-HOME PLACEMENT
331+OR TREATMENT OF CHILDREN WITH BEHAVIORAL HEALTH ISSUES - REPORT.
332+1.During the 2025-26 interim, the children's cabinet shall establish a work group to study
333+the out-of-home placement or treatment of children with serious behavioral health
334+issues. The study must include consideration of children who also are involved in
335+juvenile court proceedings due to criminal activity.
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163369 2.The work group shall develop and implement a system of care for children with serious
164-behavioral health issues, who may be involved in juvenile court proceedings due to criminal
165-activity, and who are in need of out-of-home placement or treatment.
166-3.The workgroup must be led by a consultant with expertise in navigating and managing the
167-intersecting systems involved in the out-of-home placement and treatment processes for
168-children with serious behavioral health issues and children involved in juvenile court
169-proceedings due to criminal activity.
170-4.The workgroup shall provide bimonthly reports to the children's cabinet on the assessment of
171-needs, resources, challenges, options, and solutions.
172-SECTION 5. EXPIRATION DATE. Sections 1, 2, and 3 of this Act are effective through July 31,
173-2027, and after that date are ineffective.
174-SECTION 6. EMERGENCY. This Act is declared to be an emergency measure. H. B. NO. 1556 - PAGE 6
175-____________________________ ____________________________
176-Speaker of the House President of the Senate
177-____________________________ ____________________________
178-Chief Clerk of the House Secretary of the Senate
179-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
180-Assembly of North Dakota and is known on the records of that body as House Bill No. 1556 and that
181-two-thirds of the members-elect of the House of Representatives voted in favor of said law.
182-Vote: Yeas 91 Nays 0 Absent 3
183-____________________________ ____________________________
184-Speaker of the House Chief Clerk of the House
185-This certifies that two-thirds of the members-elect of the Senate voted in favor of said law.
186-Vote: Yeas 46 Nays 0 Absent 1
187-____________________________ ____________________________
188-President of the Senate Secretary of the Senate
189-Received by the Governor at ________M. on _____________________________________, 2025.
190-Approved at ________M. on __________________________________________________, 2025.
191-____________________________
192-Governor
193-Filed in this office this ___________day of _______________________________________, 2025,
194-at ________ o’clock ________M.
195-____________________________
196-Secretary of State
370+behavioral health issues, who may be involved in juvenile court proceedings due to
371+criminal activity, and who are in need of out-of-home placement or treatment.
372+3.The work group must be led by a consultant with expertise in navigating and managing
373+the intersecting systems involved in the out-of-home placement and treatment
374+processes for children with serious behavioral health issues and children involved in
375+juvenile court proceedings due to criminal activity.
376+4.The work group shall provide bimonthly reports to the children's cabinet on the
377+assessment of needs, resources, challenges, options, and solutions.
378+SECTION 5. EXPIRATION DATE. Sections 1, 2, and 3 of this Act are effective through
379+July 31, 2027, and after that date are ineffective.
380+SECTION 6. EMERGENCY. This Act is declared to be an emergency measure.
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