Termination of Parental Rights for Abandonment in North Dakota
In North Dakota, the law provides for the termination of parental rights under certain circumstances, including abandonment. This is outlined in the North Dakota Century Code under section 14-15-19, which discusses the relinquishment and termination of the parent and child relationship.
Legal Definition of Abandonment
According to the North Dakota Century Code 14-15-01, abandonment is defined in two ways depending on whether the parent has custody of the child or not. For a noncustodial parent, abandonment is defined as a significant failure without justifiable cause to communicate with the child or provide for the child’s care and support as required by law. For a custodial parent, abandonment can mean leaving the child for an indefinite period without making firm plans for resumption of physical custody, failing to arrange for the child’s discharge from a hospital within ten days after the child no longer requires hospital care, or willfully failing to provide necessary care such as food, shelter, clothing, or medical attention.
Grounds for Termination of Parental Rights
Section 14-15-19 of the North Dakota Century Code provides several grounds for the termination of parental rights. One of these grounds is that the minor has been abandoned by the parent. The court may terminate the parent-child relationship if it finds that the minor is suffering or probably will suffer serious physical, mental, moral, or emotional harm due to the parent’s abandonment, misconduct, faults, habits, or repeated and continuous neglect or refusal to provide proper parental care and control.
Legal Procedure for Termination of Parental Rights
The termination of parental rights can occur in or before an adoption action as provided in section 14-15-19. The rights of a parent may be relinquished and the relationship of parent and child terminated by a writing, signed by the parent, in the presence of a representative of an agency taking custody of the child or in the presence and with the approval of a judge of a court of record.
Right to Counsel
According to section 14-15-19.1 of the North Dakota Century Code, a parent who consents to the adoption of a minor is entitled to legal counsel during all stages of a proceeding to terminate the parent and child relationship. This ensures that the parent’s rights are protected throughout the legal process.
Withdrawal of Relinquishment of Parental Rights
Notably, section 14-15-19 also provides that a relinquishment of parental rights may be withdrawn by the parent, and a decree of a court terminating the parent and child relationship may be vacated by the court upon motion of the parent, if the child is not on placement for adoption and the person having custody of the child consents in writing to the withdrawal or vacation of the decree.
In conclusion, under North Dakota law, parental rights can indeed be terminated for abandonment. However, this is a serious legal action that requires the involvement of the court and legal counsel, and it is subject to certain conditions and procedures as outlined in the North Dakota Century Code.