North Dakota Code 27-20.3-16 – Disposition of child needing continued foster care services
1. As used in this section, “child” means an individual between the ages of eighteen and twenty-one years who is in need of continued foster care services.
Terms Used In North Dakota Code 27-20.3-16
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Rule: includes regulation. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Summons: Another word for subpoena used by the criminal justice system.
2. A petition to commence an action under this section must contain information as required by supreme court rule along with an affidavit either prepared by the administrative human service zone, as determined by the department of health and human services, or prepared by an agency or tribal council of a recognized Indian reservation in this state.
3. The court shall issue a summons upon the filing of a petition and affidavit.
4. If a child is in need of continued foster care services as determined by the human service zone or the department of health and human services and as set forth in a continued foster care agreement, the court shall make the following judicial determination:
a. That the child is not in need of protection or delinquent, but is in need of continued foster care services; b. That the child will remain in or will return to foster care pursuant to the child’s continued foster care agreement; c. That the child’s continued foster care agreement has been willfully entered between:
(1) The human service zone or the department of health and human services or its agent, the child, and the foster care provider; or
(2) An agency or tribal council of a recognized Indian reservation in the state if the child is not subject to the jurisdiction of the state, the child, and the foster care provider; d. That it is in the best interest of the child to remain in or return to foster care; e. That reasonable efforts were made in accordance with subsection 7 of section 27-20.3-18; f. That the child has attained the age of eighteen or older but does not exceed the age of twenty-one years; g. That the child has satisfied the education, employment, or disability requirements under the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 [Pub. L. 110-351] and as set forth by the department of health and human services; h. That the human service zone, as determined by the department of health and human services, or that an agency or tribal council of a recognized Indian reservation in the state, shall continue foster care case management, unless otherwise agreed to or required by the department of health and human services; i. That the human service zone or an agency or tribal council of a recognized Indian reservation in the state must have care and placement responsibility of the child; j. That permanency hearing must be as set forth in section 27-20.3-36; and
k. That there are no grounds to file a petition to terminate parental rights under section 27-20.3-20.
5. Pursuant to rule 16 of the North Dakota Rules of Juvenile Procedure, a court may modify or vacate the judicial determination made under subsection 4.