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ND HB1034
Bill
Status
3/18/2025
Primary Sponsor
Legislative Management
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AI Summary
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Creates a new legal process allowing genetic parents whose parental rights were terminated to petition for re-establishment of those rights if the child remains in foster care at least 12 months after termination and has not been adopted
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Requires petitioners to demonstrate the parent has corrected the conditions that led to termination, is capable of providing day-to-day care, and that reunification serves the child's best interests, with approval from both the state's attorney and responsible custodian
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Prohibits re-establishment petitions when parental rights were terminated due to sexual abuse or conviction for intentional conduct causing substantial bodily injury or death of a minor
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Mandates court-appointed counsel for children in proceedings and a guardian ad litem to advocate for the child's best interests, with indigent genetic parents also entitled to appointed counsel
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Passed unanimously in both chambers (House 91-0, Senate 45-0) and grants juvenile courts exclusive jurisdiction over these proceedings
Legislative Description
The re-establishment of parental rights and responsibilities.
Last Action
Filed with Secretary Of State 03/18
3/19/2025