25.0755.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senators Clemens, Boehm
Representatives K. Anderson, Frelich, D. Ruby
A BILL for an Act to amend and reenact section 14-09-06.5 of the North Dakota Century Code,
relating to additional parenting time after a false allegation of harm to a child.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 14-09-06.5 of the North Dakota Century Code is
amended and reenacted as follows:
14-09-06.5. Allegation of harm to child - Effect.
1.If the court finds that an allegation of harm to a child by one parent against the other is
false and not made in good faith, the court shall order the parent making the false
allegation to pay court costs and reasonable attorney's fees incurred by the other
parent in responding to the allegation.
2.Unless a party shows by clear and convincing evidence that additional parenting time
should not be ordered, if the court finds an allegation of harm to a child by one parent
against the other is false and not made in good faith, a court shall order additional
parenting time to the parent responding to the false allegation to indemnify that parent
for any denial of court-ordered parenting time that resulted from an investigation by the
department of health and human services, or a governmental agency in another state
with authority to investigate an allegation of harm to a child, which did not result in a
finding of harm, abuse, or neglect.
3.The additional parenting time:
a.Must be of the same type and duration of parenting time that was denied;
b.May include weekend, holiday, and summer parenting time; and
Page No. 1 25.0755.02000
ENGROSSED SENATE BILL NO. 2184
FIRST ENGROSSMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 Sixty-ninth
Legislative Assembly
c.Must occur within two years of the date the court finds the allegation was false
and not made in good faith.
4.A court shall give deference to the proposed additional parenting time schedule of the
parent entitled to additional parenting time under subsection 2 when determining the
schedule of the additional parenting time subject to subsection 3.
Page No. 2 25.0755.02000
1
2
3
4
5