Restoration of Parental Rights in North Dakota
In North Dakota, the process of restoring parental rights after termination is complex and requires a thorough understanding of the state’s legal procedures and statutes. This article will provide an overview of the process, referencing the North Dakota Century Code and court rules.
Legal Grounds for Termination of Parental Rights
Before discussing the restoration of parental rights, it’s important to understand the legal grounds for termination. According to North Dakota Century Code 14-15-19, parental rights can be terminated voluntarily by the parent or involuntarily by the court. The court may terminate parental rights if it finds clear and convincing evidence of abandonment, neglect, abuse, or the parent’s inability to provide proper care for the child.
Right to Legal Counsel
According to Rule 8.12 of the North Dakota Court Rules, a parent has the right to legal counsel during all stages of a proceeding to terminate parental rights. If the parent is indigent, they have the right to have legal counsel provided at public expense. This right is also affirmed in North Dakota Century Code 14-15-19.1.
Restoration of Parental Rights
The restoration of parental rights in North Dakota is not explicitly outlined in the state’s statutes. However, North Dakota Century Code 14-15-19 subsection 8 provides a provision for the withdrawal of a voluntary relinquishment of parental rights. This can occur if the child is not on placement for adoption and the person having custody of the child consents in writing to the withdrawal.
It’s important to note that this provision does not apply to cases where parental rights were terminated involuntarily by the court. In such cases, the parent may need to demonstrate a significant change in circumstances and the child’s best interest to have their rights restored. This process typically involves legal proceedings and may require the assistance of a family law attorney.
Appeal Process
If a parent disagrees with the court’s decision to terminate their parental rights, they can file an appeal. According to Rule 2.2 of the North Dakota Court Rules, an appeal from an order terminating parental rights must be filed with the clerk of the supreme court within 30 days after entry of the order. The notice of appeal must specify the party 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.
Case Management
In any action for the determination of parental rights or a motion to modify residential responsibility, the parties and their attorneys must meet to prepare a joint informational statement within 30 days after service of the complaint or entry of an order for an evidentiary hearing under N.D.C.C. 14-09-06.6 as per Rule 8.3.1.
In conclusion, the restoration of parental rights in North Dakota is a complex process that requires a thorough understanding of the state’s legal procedures and statutes. It’s recommended that parents seeking to restore their rights consult with a family law attorney to navigate the legal process effectively.