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ND SB2289

Bill

Status

Passed

3/22/2019

Primary Sponsor

Judy Lee

Click for details

Origin

Senate

66th Legislative Assembly

AI Summary

  • Creates chapter 50-25.3 of the North Dakota Century Code establishing protections for vulnerable adults' visitation rights with family members, friends, and clergy members.

  • Prohibits caregivers from unreasonably or arbitrarily denying or restricting visitation, communication, or interaction between vulnerable adults and family members, friends, or clergy members.

  • Allows family members, friends, or clergy members to petition district court in the vulnerable adult's county to compel visitation if a caregiver has unreasonably or arbitrarily restricted access.

  • Requires courts to conduct in camera interviews with vulnerable adults, give deference to their preferences, and prohibit compelled visitation if the vulnerable adult with capacity expresses desire not to visit.

  • Imposes filing costs and reasonable attorney's fees on caregivers who unreasonably deny visitation in bad faith, but prohibits costs from being paid from the vulnerable adult's finances or estate.

Legislative Description

Family visitation rights.

Last Action

Signed by Governor 03/21

3/22/2019

Committee Referrals

Health and Human Services1/14/2019

Full Bill Text

No bill text available