North Dakota Code 27-20.1-21 – Orders for evaluation
1. The court may order a party or a proposed guardian to submit to a chemical dependency, parental capacity, mental health, domestic violence, anger management, or other relevant evaluation by a suitably licensed or certified examiner. The court may request other persons having regular contact with the child submit to a chemical dependency, parental capacity, mental health, domestic violence, anger management, or other relevant evaluation by a suitably licensed or certified examiner. Failure to submit to an evaluation will be taken into consideration by the court.
Terms Used In North Dakota Code 27-20.1-21
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
2. The order may be made only on motion for good cause by a party or guardian ad litem, or on the court’s own motion, and on notice to all parties and the person to be evaluated. The order must:
a. Specify the type of evaluation and the type of professional or entity to perform the evaluation; b. Include the deadline for performing the evaluation; c. Include the date by which the evaluation must be filed with the court; and
d. Specify the party that must pay the costs of the evaluation. If the party is unable to pay the costs, the court may direct the costs to be paid, in whole, or in part, by the county. The court may direct the party to reimburse the county, in whole or in part, for the payment.
3. The evaluation must be in writing and must set out in detail the evaluator’s findings, including diagnoses, conclusions, and the results of any tests. The evaluator must file a copy with the court.
4. The evaluation reports and any addendums are confidential. The public or the parties may not read or copy the evaluation reports or addendums unless the court, in its discretion, gives permission. The guardian ad litem may read the evaluation reports and addendums but may not copy the evaluation reports and addendums unless the court, in its discretion, gives permission. A party, proposed guardian, or other person requested to submit to an evaluation by the court under this section is entitled to a copy of the report of evaluation and any addendum, upon request.