Termination of Parental Rights in North Dakota
Termination of parental rights is a serious legal matter in North Dakota. It involves permanently ending the legal rights and responsibilities of a parent towards their child. This process is governed by specific rules and regulations outlined in the North Dakota Century Code and the North Dakota Rules of Court.
Legal Grounds for Termination
According to North Dakota Century Code 14-15-19, the relationship of parent and child may be terminated by a court order issued in connection with an adoption action on any ground provided by other law for termination of the relationship. The rights of a parent with reference to a child, including parental right to control the child or to withhold consent to an adoption, may be relinquished and the relationship of parent and child terminated in or before an adoption action.
Notice and Right to Counsel
As per Rule 8.12, a parent has a right to counsel during all stages of a proceeding to terminate that parent’s parental rights. If indigent, the parent has a right to have legal counsel provided at public expense. The notice of hearing or summons must advise the parent of these rights and the court must confirm that the notice was given.
Service of Petition and Notice
The North Dakota Rules of Civil Procedure require that the parent must be personally served the petition and notice for termination of parental rights if the identity of the parent is known and an address for service is also known, or the address can be ascertained with reasonable diligence. If the identity of the parent is unknown but the location is known, and the identity of the parent cannot be ascertained with reasonable diligence, notice must be given by publication of the petition at least once a week for three consecutive weeks in the official newspaper of the county in which the unknown parent is located.
Expedited Appeals
According to Rule 2.2, an appeal from an order terminating parental rights must be taken by filing a notice of expedited appeal with the clerk of the supreme court within 30 days after entry of the order. The notice of appeal must specify the party or parties taking the appeal, designate the order being appealed, name the court to which the appeal is taken, and indicate that an expedited appeal is requested.
Relinquishment and Termination of Parent and Child Relationship
As per North Dakota Century Code 14-15-19, all rights of a parent with reference to a child, including the right to receive notice of a hearing on a petition for adoption, may be relinquished and the relationship of parent and child terminated by a writing, signed by the parent, regardless of the age of the parent. This can be done in the presence of a representative of an agency taking custody of the child, whether the agency is within or outside of the state or in the presence and with the approval of a judge of a court of record within or outside this state in which the minor was present or in which the parent resided at the time it was signed.
In conclusion, the process of terminating parental rights in North Dakota is a complex legal procedure that involves several steps, including serving notice, providing right to counsel, and potentially appealing the decision. It is always recommended to consult with a legal professional when dealing with such serious matters.