Parental Rights in North Dakota When a Child is Placed in Foster Care
In North Dakota, when a child is placed in foster care, parents retain certain rights and responsibilities. These rights are outlined in the North Dakota Century Code and are designed to protect the parent-child relationship, even when the child is not in the parent’s physical custody.
Right to Legal Counsel
According to North Dakota Century Code 14-15-19.1, 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 right extends to parents whose children have been placed in foster care. Parents can retain counsel of their own choosing and at their own expense. If they are indigent, they may request the court to order that a state’s attorney serve as legal counsel at no cost to the parent.
Right to Maintain Parental Rights
As per North Dakota Century Code 14-09-29, a court issuing an order that deals with parenting rights and responsibilities of a child shall award the parental rights and responsibilities concerning the child to a person, agency, organization, or institution as will, in the opinion of the court, promote the best interests and welfare of the child. This means that even if a child is placed in foster care, the court will consider the best interests of the child when deciding on parental rights and responsibilities.
Right to Visitation
While the North Dakota Century Code does not explicitly state that a nonparent cannot maintain visitation with a child solely because the nonparent served as a foster parent of the child, it is generally understood that parents have a right to visitation unless it is determined that such visitation would be detrimental to the child’s wellbeing. The specifics of visitation rights can vary depending on the circumstances of the case and the court’s determination of what is in the best interests of the child.
Right to Revoke Consent for Adoption
Under North Dakota Century Code subsection 2, a parent has the right to withdraw their consent for adoption if the child is not on placement for adoption and the person having custody of the child consents in writing to the withdrawal. This means that if a parent changes their mind about adoption after their child has been placed in foster care, they may have the right to revoke their consent, provided certain conditions are met.
Right to Notice in Action to Terminate Parental Rights
As per North Dakota Court 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.
In conclusion, parents in North Dakota retain significant rights even when their child is placed in foster care. These rights include the right to legal counsel, the right to maintain parental rights, the right to visitation, the right to revoke consent for adoption, and the right to notice in action to terminate parental rights. However, all these rights are subject to the court’s determination of what is in the best interests of the child.