1.    The court shall determine based on the petition under section 14-09.4-06 whether the nonparent has pleaded a prima facie case that the nonparent:

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a.    Is a consistent caretaker; or

b.    Has a substantial relationship with the child and denial of custody or visitation would result in harm to the child.

2.    If the court determines under subsection 1 the nonparent has not pleaded a prima facie case, the court shall dismiss the petition.