Permanent Guardianship in North Dakota
Permanent guardianship is a legal arrangement where an individual, other than a child’s biological parent, is granted the rights and responsibilities of caring for the child. This arrangement is typically established when the biological parents are unable to provide adequate care for the child due to various reasons such as death, incarceration, or substance abuse.
Legal Basis for Permanent Guardianship
In North Dakota, the legal basis for permanent guardianship is established under the North Dakota Century Code. The code provides that a parent may place their child in the home of a relative for adoption or guardianship. However, the child is considered abandoned if proceedings for the adoption or guardianship are not initiated by the relative within one year following the date of notice of placement (North Dakota Century Code 14-09.3-18).
Rights and Responsibilities of a Permanent Guardian
A permanent guardian assumes the rights and responsibilities of a parent. These responsibilities include providing for the child’s physical, emotional, and educational needs. The guardian also has the right to make decisions regarding the child’s health, education, and welfare.
In North Dakota, a guardian ad litem is appointed by the court to represent the best interests of the child. The guardian ad litem’s responsibilities include interviewing and observing the child, advising the child and the child’s parents of the role and responsibilities of the guardian ad litem, interviewing potential witnesses, and participating in meetings impacting the life of the child (North Dakota Century Code 14-09.3-18).
Limitations of Permanent Guardianship
While a permanent guardian assumes many of the responsibilities of a parent, there are limitations to this role. In North Dakota, a parent cannot assign or transfer their rights or duties with respect to the care and custody of their child. Any such transfer or assignment, written or otherwise, is void. This means that while a guardian has many of the same responsibilities as a parent, they do not have the same legal rights as a biological parent (North Dakota Century Code 14-09.3-18).
Termination of Permanent Guardianship
Permanent guardianship in North Dakota can be terminated by the court under certain circumstances. For instance, if the biological parents are able to demonstrate that they are now capable of providing adequate care for the child, the court may decide to terminate the guardianship. Additionally, the guardianship may also be terminated if the child is adopted or reaches the age of majority.
In conclusion, permanent guardianship is a significant legal responsibility that involves caring for a child and making decisions on their behalf. It is a role that is governed by specific laws and regulations in North Dakota, and it is important for anyone considering becoming a permanent guardian to understand these legal obligations.