North Dakota Code 27-20.2-17 – Rights and duties of legal custodian
1. As used in this section, “sibling of the child entering foster care” means:
Terms Used In North Dakota Code 27-20.2-17
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- 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
- 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.
- 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
a. A brother or sister who has at least one biological or adoptive parent in common; b. A fictive brother or sister with a significant bond as identified by the child or parent; or
c. A child who would have been considered a sibling but for the termination or other disruption of parental rights, including a death of a parent.
2. A legal custodian has:
a. The right to the physical custody of the child and the right to determine the nature of the care, placement, and treatment of the child, including ordinary medical care as well as medical or surgical treatment for a serious physical condition or illness that in the opinion of a licensed physician requires prompt treatment, except for any limits the court may impose.
b. The right and duty to provide for the care, protection, training, and education and the physical, mental, and moral welfare of the child, subject to the conditions and limitations of the order and to the remaining rights and duties of the child’s parents or guardian.
c. A duty within thirty days after the removal of a child from the custody of the parent or parents of the child for the purpose of placement into foster care, to exercise due diligence to identify and provide notice to the following relatives: all parents of a sibling of the child entering foster care who have legal custody of the sibling, all adult grandparents, and any other adult suggested by the parents, subject to exceptions due to family or domestic violence, that:
(1) Specifies that the child has been or is being removed from the custody of the parent or parents of the child; (2) Explains the options the relative has under federal, state, and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice; (3) Describes the requirements and standards to become a foster family home and the additional services and supports that are available for children placed in that home; and
(4) Describes how the relative of the child may enter an agreement with the department of health and human services and human service zone to receive a subsidized guardianship payment.