Bill Summary – FastDemocracy

0752.01000
     Sixty-eighth
     Legislative Assembly                      HOUSE BILL NO. 1534
     of North Dakota
     Introduced by
       Representatives Prichard, K. Anderson, Fegley, Fisher, Frelich, Kiefert
       Senators Cleary, Clemens, Larson, Weston
  A BILL for an Act to amend and reenact section 14-15-11 of the North Dakota Century Code,
  relating to waiver of certain adoption requirements for licensed foster care providers.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 14-15-11 of the North Dakota Century Code is
  amended and reenacted as follows:
      14-15-11. Notice of petition - Investigation and hearing.
      1.   a.     After the filing of a petition to adopt a minor, the court shall fix a time and place
                  for hearing the petition. At least twenty days before the date of hearing, notice of
                  the filing of the petition and of the time and place of hearing must be given by the
                 petitioner to the department and if the minor to be adopted is in the custody of the
                 human service zone to the human service zone; any agency or individual whose
                 consent to the adoption is required by this chapter but who has not consented; an
                 individual whose consent is dispensed with upon any ground mentioned in
                 subdivisions a, b, f, h, i, and j of subsection 1 of section 14-15-06 but who has not
                 consented; any appropriate Indian tribe; and any individual identified by the court
                 as a biological parent or a possible biological parent of the minor, upon making
                 inquiry to the extent necessary and appropriate, as in proceedings under section
                 27-20.3-22, unless the individual has relinquished parental rights or the
                 individual's parental rights have been previously terminated by a court. The
                 notice to the department and if the minor to be adopted is in the custody of the
                 human service zone to the human service zone must be accompanied by a copy
                 of the petition.
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     Legislative Assembly
           b.   Notice of the filing of a petition to adopt an adult must be given by the petitioner
                at least twenty days before the date of the hearing to each living parent of the
                adult to be adopted.
      2.   An investigation must be made by a licensed child-placing agency to inquire into the
           conditions and antecedents of a minor sought to be adopted and of the petitioner for
           the purpose of ascertaining whether the adoptive home is a suitable home for the
           minor and whether the proposed adoption is in the best interest of the minor.
      3.   A written report of the investigation must be filed with the court by the investigator
           before the petition is heard.
     4.   The report of the investigation must contain a review of the child's history; a
          preplacement adoption assessment of the petitioner, including a criminal history record
          investigation of the petitioner; and a postplacement evaluation of the placement with a
          recommendation as to the granting of the petition for adoption and any other
          information the court requires regarding the petitioner or the minor.
     5.   An investigation and report is not required in cases in which a stepparent is the
          petitioner or the individual to be adopted is an adult. The department and human
          service zone, when required to consent to the adoption, may give consent without
          making the investigation. If the petitioner is a relative other than a stepparent of the
          minor or a foster care provider licensed under section 50-11-01, the minor has lived
          with the petitioner for at least nine months, no allegations of abuse or neglect have
          been filed against the petitioner or any member of the petitioner's household, and the
          court is satisfied that the proposed adoptive home is appropriate for the minor, the
          court may waive the investigation and report required under this section.
     6.   The department and human service zone, when required to consent to the adoption,
          may request the licensed child-placing agency to conduct further investigation and to
          make a written report thereof as a supplemental report to the court.
     7.   After the filing of a petition to adopt an adult, the court by order shall direct that a copy
          of the petition and a notice of the time and place of the hearing be given to any
          individual whose consent to the adoption is required but who has not consented and to
          each living parent of the adult to be adopted. The court may order an appropriate
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          investigation to assist it in determining whether the adoption is in the best interest of
          the individuals involved.
     8.   Notice must be given in the manner appropriate under the North Dakota Rules of Civil
          Procedure for the service of process in a civil action in this state or in any manner the
          court by order directs. Proof of the giving of the notice must be filed with the court
          before the petition is heard.
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Statutes affected: 
INTRODUCED: 14-15-11
FIRST ENGROSSMENT: 14-15-11