1 | | - | Sixty-ninth Legislative Assembly of North Dakota |
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2 | | - | In Regular Session Commencing Tuesday, January 7, 2025 |
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3 | | - | HOUSE BILL NO. 1556 |
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4 | | - | (Representatives Stemen, Beltz, Hagert, O'Brien, Ostlie, Dockter, Nelson) |
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5 | | - | (Senators Lee, Roers, Davison) |
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6 | | - | AN ACT to amend and reenact subsection 5 of section 27-20.3-01, and sections 27-20.3-15 and |
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7 | | - | 27-20.3-21 of the North Dakota Century Code, relating to a child in need of protection and |
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8 | | - | termination of parental rights; to create a workgroup under the children's cabinet to study |
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9 | | - | out-of-home placement or treatment of children with behavioral health issues; to provide for a |
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10 | | - | report; to provide an expiration date; and to declare an emergency. |
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| 1 | + | 25.1093.02003 |
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| 2 | + | Title.03000 |
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| 3 | + | Adopted by the Senate Human Services |
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| 4 | + | Committee |
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| 5 | + | Sixty-ninth |
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| 6 | + | April 7, 2025 |
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| 7 | + | Legislative Assembly |
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| 8 | + | of North Dakota |
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| 9 | + | Introduced by |
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| 10 | + | Representatives Stemen, Beltz, Hagert, O'Brien, Ostlie, Dockter, Nelson |
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| 11 | + | Senators Lee, Roers, Davison |
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| 12 | + | A BILL for an Act to amend and reenact subsection 5 of section 27-20.3-01, and sections |
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| 13 | + | 27-20.3-15 and 27-20.3-21 of the North Dakota Century Code, relating to a child in need of |
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| 14 | + | protection and termination of parental rights; to create a work group under the children's cabinet |
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| 15 | + | to study out-of-home placement or treatment of children with behavioral health issues; to |
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| 16 | + | provide for a report; to provide an expiration date; and to declare an emergency. |
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15 | | - | a.Is without proper parental care or control, subsistence, education as required by law, or |
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16 | | - | other care or control necessary for the child's physical, mental, or emotional health, or |
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17 | | - | morals, and the need for services or protection is not due primarily to the lack of financial |
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18 | | - | means of the child's parents, guardian, or other custodian; |
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| 21 | + | a.Is without proper parental care or control, subsistence, education as required by |
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| 22 | + | law, or other care or control necessary for the child's physical, mental, or |
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| 23 | + | emotional health, or morals, and the need for services or protection is not due |
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| 24 | + | primarily to the lack of financial means of the child's parents, guardian, or other |
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| 25 | + | custodian; |
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21 | | - | d.Is without proper parental care, control, or education as required by law, or other care |
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22 | | - | and control necessary for the child's well-being because of the physical, mental, |
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23 | | - | emotional, or other illness or disability of the child's parent or parents, and that such lack |
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24 | | - | of care is not due to a willful act of commission or act of omission by the child's parents, |
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25 | | - | and care is requested by a parent; |
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26 | | - | e.Is in need of treatment and whose parents, guardian, or other custodian have refused to |
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27 | | - | participate in treatment as ordered by the juvenile court; |
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28 | | - | f.Was subject to prenatal exposure to chronic or severe use of alcohol or any controlled |
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29 | | - | substance as defined in chapter 19-03.1 in a manner not lawfully prescribed by a |
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30 | | - | practitioner; |
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31 | | - | g.Is present in an environment subjecting the child to exposure to a controlled substance, |
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32 | | - | chemical substance, or drug paraphernalia as prohibited by section 19-03.1-22.2; or |
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| 28 | + | d.Is without proper parental care, control, or education as required by law, or other |
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| 29 | + | care and control necessary for the child's well-being because of the physical, |
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| 30 | + | mental, emotional, or other illness or disability of the child's parent or parents, |
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| 31 | + | Page No. 1 25.1093.02003 |
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| 32 | + | ENGROSSED HOUSE BILL NO. 1556 |
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| 33 | + | FIRST ENGROSSMENT |
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| 34 | + | PROPOSED AMENDMENTS TO |
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| 53 | + | 19 Sixty-ninth |
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| 54 | + | Legislative Assembly |
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| 55 | + | and that such lack of care is not due to a willful act of commission or act of |
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| 56 | + | omission by the child's parents, and care is requested by a parent; |
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| 57 | + | e.Is in need of treatment and whose parents, guardian, or other custodian have |
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| 58 | + | refused to participate in treatment as ordered by the juvenile court; |
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| 59 | + | f.Was subject to prenatal exposure to chronic or severe use of alcohol or any |
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| 60 | + | controlled substance as defined in chapter 19-03.1 in a manner not lawfully |
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| 61 | + | prescribed by a practitioner; |
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| 62 | + | g.Is present in an environment subjecting the child to exposure to a controlled |
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| 63 | + | substance, chemical substance, or drug paraphernalia as prohibited by section |
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| 64 | + | 19-03.1-22.2; or |
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35 | | - | (1)Has been diagnosed with a severe mental health condition or behavioral health |
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36 | | - | disorder by a licensed child psychologist or psychiatrist; |
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37 | | - | (2)Has committed an act of a violent or sexual nature against another family member |
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38 | | - | living in the household, which if committed by an adult would be considered a crime |
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39 | | - | under the laws of this state, and if the criteria under section 27 - 20.4 - 11 are met, has |
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40 | | - | at minimum been considered for informal adjustment; and H. B. NO. 1556 - PAGE 2 |
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41 | | - | (3)Whose parent is unable to provide proper control of the child and is in fear for the |
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42 | | - | safety of a family member living in the same household as the child. |
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43 | | - | SECTION 2. AMENDMENT. Section 27-20.3-15 of the North Dakota Century Code is amended and |
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44 | | - | reenacted as follows: |
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| 67 | + | (1)Has been diagnosed with a severe mental health condition or behavioral |
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| 68 | + | health disorder by a licensed child psychologist or psychiatrist; |
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| 69 | + | (2)Has committed an act of a violent or sexual nature against another family |
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| 70 | + | member living in the household, which if committed by an adult would be |
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| 71 | + | considered a crime under the laws of this state , and if the criteria under |
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| 72 | + | section 27-20 .4-11 are met, has at minimum been considered for informal |
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| 73 | + | adjustment ; and |
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| 74 | + | (3)Whose parent is unable to provide proper control of the child and is in fear |
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| 75 | + | for the safety of a family member living in the same household as the child . |
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| 76 | + | SECTION 2. AMENDMENT. Section 27-20.3-15 of the North Dakota Century Code is |
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| 77 | + | amended and reenacted as follows: |
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46 | | - | 1.If a child is found to be a child in need of protection, the court may make any of the following |
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47 | | - | orders of disposition best suited to the protection of the child or family and the physical, |
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48 | | - | mental, and moral welfare of the child: |
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49 | | - | a.Permit the child to reside with the child's parents, guardian, or other custodian, subject to |
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50 | | - | conditions and limitations as the court prescribes, including supervision as directed by |
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51 | | - | the court for the protection of the child. |
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52 | | - | b.Subject to conditions and limitations as the court prescribes, transfer temporary legal |
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53 | | - | custody to any of the following: |
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54 | | - | (1)An agency or other private organization licensed or otherwise authorized by law to |
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55 | | - | receive and provide care for the child. |
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56 | | - | (2)The director of the human service zone to receive and provide care for the child. |
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57 | | - | c.Require the child or parents, guardian, or other custodian to participate in treatment. |
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| 79 | + | 1.If a child is found to be a child in need of protection, the court may make any of the |
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| 80 | + | following orders of disposition best suited to the protection of the child or family and |
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| 81 | + | the physical, mental, and moral welfare of the child: |
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| 82 | + | a.Permit the child to reside with the child's parents, guardian, or other custodian, |
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| 83 | + | subject to conditions and limitations as the court prescribes, including supervision |
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| 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 |
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| 118 | + | legal custody to any of the following: |
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| 119 | + | (1)An agency or other private organization licensed or otherwise authorized by |
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| 120 | + | law to receive and provide care for the child. |
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| 121 | + | (2)The director of the human service zone to receive and provide care for the |
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| 122 | + | child. |
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| 123 | + | c.Require the child or parents, guardian, or other custodian to participate in |
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| 124 | + | treatment. |
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60 | | - | e.In cases in which a compelling reason has been shown that it would not be in the child's |
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61 | | - | best interests to return home, to have parental rights terminated, to be placed for |
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62 | | - | adoption, to be placed with a fit and willing relative, or to be placed with a legal guardian, |
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63 | | - | establish, by order, some other planned permanent living arrangement. |
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64 | | - | 2.Without a compelling reason to the contrary, a court order that transfers the child from the |
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65 | | - | current protective placement to a parent or other biological family must provide a reasonable |
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66 | | - | period of time to facilitate a beneficial transition for the child and other parties involved. |
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67 | | - | 3.A child in need of protection may not be placed in a residential facility that houses delinquent |
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68 | | - | children. |
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69 | | - | SECTION 3. AMENDMENT. Section 27-20.3-21 of the North Dakota Century Code is amended and |
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70 | | - | reenacted as follows: |
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| 127 | + | e.In cases in which a compelling reason has been shown that it would not be in the |
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| 128 | + | child's best interests to return home, to have parental rights terminated, to be |
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| 129 | + | placed for adoption, to be placed with a fit and willing relative, or to be placed |
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| 130 | + | with a legal guardian, establish, by order, some other planned permanent living |
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| 131 | + | arrangement. |
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| 132 | + | 2.Without a compelling reason to the contrary, a court order that transfers the child from |
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| 133 | + | the current protective placement to a parent or other biological family must provide a |
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| 134 | + | reasonable period of time to facilitate a beneficial transition for the child and other |
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| 135 | + | parties involved. |
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| 136 | + | 3.A child in need of protection may not be placed in a residential facility that houses |
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| 137 | + | delinquent children. |
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| 138 | + | SECTION 3. AMENDMENT. Section 27-20.3-21 of the North Dakota Century Code is |
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| 139 | + | amended and reenacted as follows: |
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86 | | - | d."Human service zone" means a county or consolidated group of counties administering |
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87 | | - | human services within a designated area in accordance with an agreement or plan |
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88 | | - | approved by the department. |
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89 | | - | 2.A petition for termination of parental rights must be prepared, filed, and served upon the |
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90 | | - | parties by the state's attorney. A petition may also be prepared by any other person that is not |
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91 | | - | the court, including a law enforcement officer, who has knowledge of the facts alleged or is |
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92 | | - | informed and believes that they are true. A petition prepared by any person other than a |
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93 | | - | state's attorney may not be filed unless the director or the court has determined the filing of |
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94 | | - | the petition is in the best interest of the public and the child. |
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95 | | - | 3.Except as provided in subsection 4, a petition for termination of parental rights must be filed: |
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96 | | - | a.If the child has been in foster care, in the custody of the department, human service |
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97 | | - | zone, or, in cases arising out of an adjudication by the court of a child in a delinquency |
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98 | | - | case, the division of juvenile services, for at least four hundred fifty out of the previous six |
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99 | | - | hundred sixty nights; |
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| 189 | + | d."Human service zone" means a county or consolidated group of counties |
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| 190 | + | administering human services within a designated area in accordance with an |
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| 191 | + | agreement or plan approved by the department. |
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| 192 | + | 2.A petition for termination of parental rights must be prepared, filed, and served upon |
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| 193 | + | the parties by the state's attorney. A petition may also be prepared by any other |
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| 194 | + | person that is not the court, including a law enforcement officer, who has knowledge of |
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| 195 | + | the facts alleged or is informed and believes that they are true. A petition prepared by |
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| 196 | + | any person other than a state's attorney may not be filed unless the director or the |
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| 197 | + | court has determined the filing of the petition is in the best interest of the public and |
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| 198 | + | the child. |
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| 199 | + | 3.Except as provided in subsection 4, a petition for termination of parental rights must be |
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| 200 | + | filed: |
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| 201 | + | a.If the child has been in foster care, in the custody of the department, human |
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| 202 | + | service zone, or, in cases arising out of an adjudication by the court of a child in a |
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| 203 | + | delinquency case, the division of juvenile services, for at least four hundred fifty |
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| 204 | + | out of the previous six hundred sixty nights; |
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101 | | - | c.Within sixty days after the court has convicted the child's parent of one of the following |
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102 | | - | crimes, or of an offense under the laws of another jurisdiction which requires proof of |
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103 | | - | substantially similar elements: |
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104 | | - | (1)A violation of section 12.1-16-01, 12.1-16-02, or 12.1-16-03, or subsection 1 of |
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105 | | - | section 14-09-22 in which the victim is another child of the parent; |
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| 206 | + | c.Within sixty days after the court has convicted the child's parent of one of the |
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| 207 | + | following crimes, or of an offense under the laws of another jurisdiction which |
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| 208 | + | requires proof of substantially similar elements: |
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| 209 | + | (1)A violation of section 12.1-16-01, 12.1-16-02, or 12.1-16-03, or subsection 1 |
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| 210 | + | of section 14-09-22 in which the victim is another child of the parent; |
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| 241 | + | 30 Sixty-ninth |
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| 242 | + | Legislative Assembly |
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116 | | - | (1)Reasonable efforts to preserve and reunify the family are required under section |
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117 | | - | 27-20.3-26 to be made with respect to the child; |
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118 | | - | (2)The case plan provides such services are necessary for the safe return of the child |
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119 | | - | to the child's home; and H. B. NO. 1556 - PAGE 4 |
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120 | | - | (3)Such services have not been provided consistent with time periods described in the |
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121 | | - | case plan. |
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122 | | - | 5.For purposes of subsection 3, a child in foster care entered foster care on the earlier of: |
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| 255 | + | (1)Reasonable efforts to preserve and reunify the family are required under |
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| 256 | + | section 27-20.3-26 to be made with respect to the child; |
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| 257 | + | (2)The case plan provides such services are necessary for the safe return of |
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| 258 | + | the child to the child's home; and |
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| 259 | + | (3)Such services have not been provided consistent with time periods |
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| 260 | + | described in the case plan. |
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| 261 | + | 5.For purposes of subsection 3, a child in foster care entered foster care on the earlier |
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| 262 | + | of: |
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124 | | - | (1)Made a finding that the child has been subjected to child abuse or neglect or the |
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125 | | - | child is in need of protection under subdivision i of subsection 5 of section |
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126 | | - | 27 - 20.3 - 01 ; |
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127 | | - | (2)Determined that it is unsafe or contrary to the welfare of the child to remain in the |
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128 | | - | home; and |
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129 | | - | (3)Granted custody of the child to the human service zone or, in cases arising out of an |
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130 | | - | adjudication by the court that a child is in need of services, the division of juvenile |
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131 | | - | services; or |
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| 264 | + | (1)Made a finding that the child has been subjected to child abuse or neglect or |
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| 265 | + | the child is in need of protection under subdivision i of subsection 5 of |
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| 266 | + | section 27 - 20.3 - 01 ; |
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| 267 | + | (2)Determined that it is unsafe or contrary to the welfare of the child to remain |
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| 268 | + | in the home; and |
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| 269 | + | (3)Granted custody of the child to the human service zone or, in cases arising |
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| 270 | + | out of an adjudication by the court that a child is in need of services, the |
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| 271 | + | division of juvenile services; or |
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156 | | - | c.Absent without leave from the place in which the child was receiving foster care. H. B. NO. 1556 - PAGE 5 |
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157 | | - | SECTION 4. CHILDREN'S CABINET - WORKGROUP - OUT -OF-HOME PLACEMENT OR |
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158 | | - | TREATMENT OF CHILDREN WITH BEHAVIORAL HEALTH ISSUES - REPORT. |
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159 | | - | 1.During the 2025-26 interim, the children's cabinet shall establish a workgroup to study the |
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160 | | - | out-of-home placement or treatment of children with serious behavioral health issues. The |
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161 | | - | study must include consideration of children who also are involved in juvenile court |
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162 | | - | proceedings due to criminal activity. |
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| 329 | + | c.Absent without leave from the place in which the child was receiving foster care. |
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| 330 | + | SECTION 4. CHILDREN'S CABINET - WORK GROUP - OUT -OF-HOME PLACEMENT |
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| 331 | + | OR TREATMENT OF CHILDREN WITH BEHAVIORAL HEALTH ISSUES - REPORT. |
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| 332 | + | 1.During the 2025-26 interim, the children's cabinet shall establish a work group to study |
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| 333 | + | the out-of-home placement or treatment of children with serious behavioral health |
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| 334 | + | issues. The study must include consideration of children who also are involved in |
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| 335 | + | juvenile court proceedings due to criminal activity. |
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164 | | - | behavioral health issues, who may be involved in juvenile court proceedings due to criminal |
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165 | | - | activity, and who are in need of out-of-home placement or treatment. |
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166 | | - | 3.The workgroup must be led by a consultant with expertise in navigating and managing the |
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167 | | - | intersecting systems involved in the out-of-home placement and treatment processes for |
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168 | | - | children with serious behavioral health issues and children involved in juvenile court |
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169 | | - | proceedings due to criminal activity. |
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170 | | - | 4.The workgroup shall provide bimonthly reports to the children's cabinet on the assessment of |
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171 | | - | needs, resources, challenges, options, and solutions. |
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172 | | - | SECTION 5. EXPIRATION DATE. Sections 1, 2, and 3 of this Act are effective through July 31, |
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173 | | - | 2027, and after that date are ineffective. |
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174 | | - | SECTION 6. EMERGENCY. This Act is declared to be an emergency measure. H. B. NO. 1556 - PAGE 6 |
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175 | | - | ____________________________ ____________________________ |
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176 | | - | Speaker of the House President of the Senate |
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177 | | - | ____________________________ ____________________________ |
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178 | | - | Chief Clerk of the House Secretary of the Senate |
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179 | | - | This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative |
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180 | | - | Assembly of North Dakota and is known on the records of that body as House Bill No. 1556 and that |
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181 | | - | two-thirds of the members-elect of the House of Representatives voted in favor of said law. |
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182 | | - | Vote: Yeas 91 Nays 0 Absent 3 |
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183 | | - | ____________________________ ____________________________ |
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184 | | - | Speaker of the House Chief Clerk of the House |
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185 | | - | This certifies that two-thirds of the members-elect of the Senate voted in favor of said law. |
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186 | | - | Vote: Yeas 46 Nays 0 Absent 1 |
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187 | | - | ____________________________ ____________________________ |
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188 | | - | President of the Senate Secretary of the Senate |
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189 | | - | Received by the Governor at ________M. on _____________________________________, 2025. |
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190 | | - | Approved at ________M. on __________________________________________________, 2025. |
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191 | | - | ____________________________ |
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192 | | - | Governor |
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193 | | - | Filed in this office this ___________day of _______________________________________, 2025, |
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194 | | - | at ________ o’clock ________M. |
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195 | | - | ____________________________ |
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196 | | - | Secretary of State |
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| 370 | + | behavioral health issues, who may be involved in juvenile court proceedings due to |
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| 371 | + | criminal activity, and who are in need of out-of-home placement or treatment. |
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| 372 | + | 3.The work group must be led by a consultant with expertise in navigating and managing |
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| 373 | + | the intersecting systems involved in the out-of-home placement and treatment |
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| 374 | + | processes for children with serious behavioral health issues and children involved in |
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| 375 | + | juvenile court proceedings due to criminal activity. |
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| 376 | + | 4.The work group shall provide bimonthly reports to the children's cabinet on the |
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| 377 | + | assessment of needs, resources, challenges, options, and solutions. |
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| 378 | + | SECTION 5. EXPIRATION DATE. Sections 1, 2, and 3 of this Act are effective through |
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| 379 | + | July 31, 2027, and after that date are ineffective. |
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| 380 | + | SECTION 6. EMERGENCY. This Act is declared to be an emergency measure. |
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