N.D. Cent. Code § 27-20.6-11: Hearing

1.The petitioner has the burden of proof at the hearing.

2.At the hearing, the court may grant the petition ordering the re-establishment of the legal parent and child relationship only if the court finds by clear and convincing evidence that:

a.Re-establishment of the legal parent and child relationship is in the child's best interests;

b.There is no pending litigation or appeal pertaining to the original termination of parental rights proceeding;

c.The genetic parent whose rights are sought to be re-established is not named in any other active juvenile court case;

d.The child has not been adopted;

e.The child is not the subject of a written adoption placement agreement between the responsible social services agency and the prospective adoptive parent;

f.At least twelve months have elapsed following a final order terminating parental rights and the child remains in foster care;

g.The genetic parent has corrected the condition that led to the order terminating parental rights; and

h.The genetic parent is willing and has the capability to provide day-to-day care and maintain the health, safety, and welfare of the child.

3.In determining whether to grant a petition under this chapter, the court shall consider the child's age, maturity, and ability to express a preference and may consider the child's preference regarding the re-establishment as one factor, along with any other relevant factor.