21.8067.01000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2086
of North Dakota
Introduced by
Human Services Committee
(At the request of the Department of Human Services)
1 A BILL for an Act to amend and reenact sections 11-16-01, 11-16-06, 11-23-01, 14-09-06.3,
2 14-09-06.4, 14-15-09, 14-15-11, 50-01.1-04, 50-01.1-08, 50-01.2-05, 50-06-05.8, 50-12-08,
3 50-33-01, 50-33-02, 50-35-02, 50-35-03, 50-35-04, 50-35-05, 50-35-06, and 50-35-07 of the
4 North Dakota Century Code, relating to the operation and financing of human service zones; to
5 repeal chapter 50-11.2 of the North Dakota Century Code, relating to foster care parent
6 grievance; and to provide for the transfer of employees.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. AMENDMENT. Section 11-16-01 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 11-16-01. Duties of the state's attorney.
11 1. The state's attorney is the public prosecutor, and shall:
12 1. a. Attend the district court and conduct on behalf of the state all prosecutions for
13 public offenses.
14 2. b. Institute proceedings before magistrates for the arrest of persons charged with or
15 reasonably suspected of public offenses when the state's attorney has
16 information that such offenses have been committed, and for that purpose, when
17 the state's attorney is not engaged in criminal proceedings in the district court,
18 the state's attorney shall attend upon the magistrates in cases of arrests when
19 required by them except in cases of assault and battery and petit larceny.
20 3. c. Attend before, and give advice to, the grand jury whenever cases are presented
21 to it for consideration.
22 4. d. Draw all indictments and informations.
23 5. e. Defend all suits brought against the state or against the county.
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1 6. f. Prosecute all bonds forfeited in the courts of record of the county and prosecute
2 all actions for the recovery of debts, fines, penalties, and forfeitures accruing to
3 the state or to the county.
4 7. g. Deliver duplicate receipts for money or property received in the state's attorney's
5 official capacity and file copies thereof with the county auditor.
6 8. h. On the first Monday of January, April, July, and October in each year, file with the
7 county auditor an account, verified by the state's attorney's oath, of all money
8 received by the state's attorney in an official capacity in the preceding three
9 months, and at the same time, pay it over to the county treasurer.
10 9. i. Give, when required and without fee, the state's attorney's opinion in writing to
11 the county, district, township, and school district officers on matters relating to the
12 duties of their respective offices.
13 10. j. Keep a register of all official business in which must be entered a note of each
14 action, whether civil or criminal, prosecuted officially, and of the proceedings
15 therein.
16 11. k. Act as legal adviser of the board of county commissioners, attend the meetings
17 thereof when required, and oppose all claims and actions presented against the
18 county which are unjust or illegal.
19 12. l. Institute an action in the name of the county to recover any money paid upon the
20 order of the board of county commissioners without authority of law as salary,
21 fee, or for any other purpose, or any money paid on a warrant drawn by any
22 officer to that officer's own order or in favor of any other person without
23 authorization by the board of county commissioners or by law.
24 13. m. Institute an action in the name of the county to restrain the payment of any
25 money described in any order or warrant of the kind described in subsection 13
26 when the state's attorney secures knowledge of such order or warrant before the
27 money is paid thereon.
28 14. n. Assist the district court in behalf of the recipient of payments for child support or
29 spousal support combined with child support in all proceedings instituted to
30 enforce compliance with a decree or order of the court requiring such payments.
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1 15. o. Institute proceedings under chapter 25-03.1 if there is probable cause to believe
2 that the subject of a petition for involuntary commitment is a person requiring
3 treatment.
4 16. p. Institute and defend proceedings under sections 14-09-12 and 14-09-19 and
5 chapters 14-15, 27-20, 27-20.1, and 50-01 upon consultation with the human
6 service zone director or the executive director of the department of human
7 services.
8 17. q. Act as the legal advisor and represent a human service zone as set forth in a
9 plan approved under section 50-01.1-03. The state's attorney within the human
10 service zone, by way of agreement, shall designate a singular state's attorney's
11 office, within or outside the human service zone, to act as legal advisor of the
12 human service zone. The host county state's attorney shall serve as the legal
13 advisor if no agreement is reached. The agreement may not limit a state's
14 attorney's individual discretion in court filings and representation.
15 18. r. Act as the legal advisor and represent the human service zone regarding
16 employer actions, including grievances and appeals, taken against the human
17 service zone team member. The state's attorney of the county by which the
18 human service zone team member is employed shall act as the legal advisor of
19 the human service zone, unless a different agreement is established by the
20 affected state's attorney.
21 2. The state's attorney shallmay not require any order of the board of county
22 commissioners to institute an action under subdivision l or m of subsection 12 or 131.
23 SECTION 2. AMENDMENT. Section 11-16-06 of the North Dakota Century Code is
24 amended and reenacted as follows:
25 11-16-06. Failure of state's attorney to perform duty - Power of court - Appointment of
26 acting state's attorney.
27 If it shall appear, by affidavit or otherwise, to the satisfaction of a judge of the district court of
28 the judicial district in which the county is situated, that the county has no state's attorney, or that
29 the state's attorney is absent or unable to attend to the state's attorney's duties, or that the
30 state's attorney has refused or neglected to perform any of the duties prescribed in subsections
31 2 through 6subdivisions b through f of subsection 1 of section 11-16-01, or to institute any civil
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1 suit to which the state or the county is a party after the matter has been properly brought to the
2 attention of such state's attorney, and that it is necessary that some act be performed, the judge
3 shall:
4 1. Request the attorney general or an assistant attorney general to take charge of such
5 prosecution or proceeding; or
6 2. Appoint an attorney to take charge of such prosecution or proceeding and fix the
7 attorney's fee therefor by an order entered upon the minutes of the court, and the
8 attorney so appointed shall be vested with the powers of the state's attorney for the
9 purposes of that action, but for no other purpose, and shall be the only person
10 authorized to proceed in such action. The fee specified in the order shall be allowed by
11 the board of county commissioners and, if so ordered by the court, the amount of such
12 fee shall be deducted from the salary of the state's attorney.
13 SECTION 3. AMENDMENT. Section 11-23-01 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 11-23-01. Officers required to furnish commissioners with departmental budget.
16 1. Every officer in charge of any institution, office, or undertaking supported wholly or in
17 part by the county shall file with the board of county commissioners a departmental
18 budget that is prescribed by the state auditor. The departmental budget must include
19 an itemized statement of the estimated amount of money that will be required for the
20 maintenance, operation, or improvement of the institution, office, or undertaking for the
21 ensuing year. The board of county commissioners may require additional information
22 to clarify the departmental budget.
23 2. a. The departmental budget submitted by the human service zone may not exceed
24 an amount determined by the department of human services and the human
25 service zone director pursuant to section 50-35-04 and must include the county's
26 cost allocation of indirect costs based on a formulaan amount established by the
27 department of human services.
28 b. The county share of the human service zone's indirect costs must be funded
29 entirely from the county's general fund.
30 c. The department of human services shall develop a process to review a request
31 from a human service zone for any proposed increase in staff. As part of its
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1 review process, the department of human services shall review pertinent factors,
2 which may include caseload information. If the department of human services
3 approves a request for a proposed increase in staff, the human service zone
4 budget may be increased by the amount determined necessary by the
5 department of human services to fund the approved additional staff. The human
6 service zone director shall submit the proposed increase in staff to the human
7 service zone board for review. The human service zone director shall work with
8 the department to achieve equitable compensation and salary increases for all
9 human service zone team members within the human service zone. The human
10 service zone director shall notify appropriate host county staff of all staffing
11 changes for administrative purposes.
12 3. For purposes of this section, "host county" means the county within the human service
13 zone in which the human service zone administrative office is located and in which the
14 human service zone team members are employed.
15 SECTION 4. AMENDMENT. Section 14-09-06.3 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 14-09-06.3. Custody investigations and reports - Costs.
18 1. In contested proceedings dealing with parental rights and responsibilities the court,
19 upon the request of either party, or, upon its own motion, may order an investigation
20 and report concerning parenting rights and responsibilities regarding the child. The
21 court shall designate a person or agency responsible for making the investigation and
22 report, which designees may include the human service zone, public health officer,
23 school officials, and any other public agency or private practitioner the court deems
24 qualified to make the investigation.
25 2. The investigator may consult any person who may have information about the child
26 and any potential arrangements for parenting rights and responsibilities, and upon
27 order of the court may refer the child to any professional personnel for diagnosis.
28 3. The court shall mail the investigator's report to counsel and to any party not
29 represented by counsel at least thirty days before the hearing. The investigator shall
30 make available to any such counsel or party the complete file of data and reports
31 underlying the investigator's report and the names and addresses of all persons whom
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1 the investigator has consulted. A party may call the investigator and any person whom
2 the investigator has consulted for cross-examination at the hearing. A party may not
3 waive the party's right of cross-examination before the hearing.
4 4. The court shall enter an order for the costs of any such investigation against either or
5 both parties, except that if the parties are indigent the expenses must be borne by the
6 human service zonecounty where the child resided at the time the action was
7 commenced or if a modification of parental rights and responsibilities, at the time the
8 motion to modify is served.
9 SECTION 5. AMENDMENT. Section 14-09-06.4 of the North Dakota Century Code is
10 amended and reenacted as follows:
11 14-09-06.4. Appointment of guardian ad litem or investigator for child in proceedings
12 involving parental rights and responsibilities - Immunity.
13 In any action for an annulment, divorce, legal separation, or other action affecting marriage,
14 when either party has reason for special concern as to the future of the minor child, and in any
15 action when the parenting rights and responsibilities concerning the child is contested, either
16 party to the action may petition the court for the appointment of a guardian ad litem to represent
17 the child concerning parenting rights and responsibilities. The court may appoint a guardian ad
18 litem or investigator on its own motion. If appointed, a guardian ad litem shall serve as an
19 advocate of the child's best interests. If appointed, the investigator shall provide those services
20 as prescribed by the supreme court. The court may direct either or both parties to pay the
21 guardian ad litem or investigator fee established by the court. If neither party is able to pay the
22 fee, the court may direct the fee to be paid, in whole or in part, by the human service
23 zonecounty where the child resided at the time the action was commenced. The court may
24 direct either or both parties to reimburse the human service zonecounty, in whole or in part, for
25 such payment. Any guardian ad litem or investigator appointed under this section who acts in
26 good faith in making a report to the court is immune from any civil liability resulting from the
27 report. For the purpose of determining good faith, the good faith of the guardian ad litem or
28 investigator is a disputable presumption.
29 SECTION 6. AMENDMENT. Section 14-15-09 of the North Dakota Century Code is
30 amended and reenacted as follows:
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1 14-15-09. Petition for adoption.
2 1. A petition for adoption must be signed and verified by the petitioner, filed with the clerk
3 of the court, and state:
4 a. The date and place of birth of the individual to be adopted, if known.
5 b. The name to be used for the individual to be adopted.
6 c. The date petitioner acquired custody or date of placement of the minor and the
7 name of the individual placing the minor.
8 d. The full name, age, place, and duration of residence of the petitioner.
9 e. The marital status of the petitioner, including the date and place of marriage, if
10 married.
11 f. That the petitioner has facilities and resources, including those available under a
12 subsidy agreement, suitable to provide for the nurture and care of the minor to be
13 adopted, and that it is the desire of the petitioner to establish the relationship of
14 parent and child with the individual to be adopted.
15 g. A description and estimate of value of any property of the individual to be
16 adopted.
17 h. The name of any individual whose consent to the adoption is required, but who
18 has not consented, and facts or circumstances which excuse the lack of the
19 individual's consent normally required to the adoption.
20 i. The department and a human service zone as respondentsrespondent.
21 j. The human service zone as respondent if the minor to be adopted is in the
22 custody of the human service zone.
23 k. That the petitioner's expenses were reasonable as verified by the court.
24 Reasonable fees may be charged for professional services and living expenses if
25 reflected in a report of agreements and disbursements filed under this chapter
26 and approved by the court. The fees may not be