Grounds for Termination of Parental Rights North Dakota

Statute: §§ 27-20-02(3); 27-20-20.1(2)-(4); 27-20-44(1)

Circumstances That Are Grounds for Termination

Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Sexual Abuse

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Abuse/Neglect or Loss of Rights of Another Child

Failure to Maintain Contact

Failure to Provide Support

Failure to Establish Paternity

N.D. Cent. Code Ann. § 27-20-02(3) (Lexis, WESTLAW through N.D. 2003 Legis. Serv., Ch. 106)

'Aggravated circumstances' means circumstances in which a parent:

Abandons, tortures, chronically abuses, or sexually abuses a child;

Fails to make substantial, meaningful efforts to secure treatment of the parent's addiction, mental illness, behavior disorder, or any combination of those conditions for a period equal to the lesser of 1 year; or one-half of the child's lifetime, measured in days, as of the date a petition alleging aggravated circumstances is filed;

Engages in conduct prohibited under criminal statutes regarding deviate sexual acts, sexual abuse, or sexual imposition, et al., in which a child is the victim or intended victim;

Engages in conduct that constitutes one of the following crimes, or of an offense under the laws of another jurisdiction which requires proof of substantially similar elements: a violation of statutes pertaining to murder, manslaughter, or negligently causing the death of another person; aiding, abetting, attempting, conspiring, or soliciting any of the above crimes; or a violation of the statute pertinent to aggravated assault in which the victim has suffered serious bodily injury;

Engages or attempts to engage in conduct prohibited under law, including assault, aggravated assault, reckless endangerment, or terrorizing, in which a child is the victim or intended victim; or

Has been incarcerated under a sentence for which the latest release date is: in the case of a child age 9 or older, after the child's majority; or in the case of a child under the age of 9 years, after the child is twice the child's current age, measured in days.

N.D. Cent. Code Ann. § 27-20-20.1(2)-(4) (Lexis, WESTLAW through 2001 Reg. Sess.)

Except as provided below, a petition for termination of parental rights must be filed:

If the child has been in foster care, in the custody of the Department, or, in cases arising out of an adjudication by the court that a child is an unruly child, the division of juvenile services, for at least 450 out of the previous 660 nights;

Within 60 days after a court of competent jurisdiction has found the child to be an abandoned infant; or

Within 60 days after a court of competent jurisdiction has convicted the child's parent of one of the following crimes, or of an offense under the laws of another jurisdiction which requires proof of substantially similar elements: a violation of statutes pertaining to murder, manslaughter, negligently causing the death of another person, or felony abuse or neglect of a child in which the victim is another child of the parent; aiding, abetting, attempting, conspiring, or soliciting to commit any of the above crimes in which the victim is a child of the parent; or a violation of the statute pertaining to aggravated assault in which the victim is a child of the parent and has suffered serious bodily injury.

A petition for termination of parental rights
need not be filed if:

The child is being cared for by a relative approved by the Department;

The Department has documented in the case plan a compelling reason for determining that filing such a petition would not be in the child's best interests and has notified the court that the documentation is available for review by the court; or

The Department has determined: reasonable efforts to preserve and reunify the family are required under § 27-20-32.2 to be made with respect to the child; the case plan provides such services as are necessary for the safe return of the child to the child's home; and such services have not been provided consistent with time periods described in the case plan.

For purposes of this section, a child in foster care entered foster care on the earlier of:

The date of the court's order if the court made a finding that the child has been subjected to child abuse or neglect; determined that it is unsafe or contrary to the welfare of the child to remain in the home; and granted custody of the child to the Department or, in cases arising out of an adjudication by the court that a child is an unruly child, the Division of Juvenile Services; or

The date that is 60 days after the date of a hearing which results in retaining a child in shelter care; the date of an order in a dispositional hearing under which a child is placed in foster care; or the date a child is placed in foster care voluntarily and with the consent of the child's parent.

N.D. Cent. Code Ann. § 27-20-44(1) (Lexis, WESTLAW through 1999 Reg. Sess.)

The court by order may terminate the parental rights of a parent with respect to the parent's child if:

The parent has abandoned the child.

The child is a deprived child and the court finds:

The conditions and causes of the deprivation are likely to continue or will not be remedied and that by reason thereof the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm;

The child has been in foster care, in the care, custody, and control of the Department, or a county social service board, or, in cases arising out of an adjudication by the juvenile court that a child is an unruly child, the Division of Juvenile Services, for at least 450 out of the previous 660 nights; or

A court of competent jurisdiction has convicted the child's parent of one of the following crimes, or of an offense under the laws of another jurisdiction which requires proof of substantially similar elements:

A violation of statutes pertaining to murder, manslaughter, or negligently causing the death of another person in which the victim is another child of the parent;

Aiding, abetting, attempting, conspiring, or soliciting to commit any of the above crimes in
which the victim is a child of the parent; or

A violation of the statute pertaining to aggravated assault in which the victim is a child of the parent and has suffered serious bodily injury.

The written consent of the parent acknowledged
before the court has been given.