{"data":{"id":"us-nd/n.d.-cent.-code-27-20.6-11","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 27-20.6-11","heading":"Hearing","body":"1.The petitioner has the burden of proof at the hearing.\n2.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:\na.Re-establishment of the legal parent and child relationship is in the child's best interests;\nb.There is no pending litigation or appeal pertaining to the original termination of parental rights proceeding;\nc.The genetic parent whose rights are sought to be re-established is not named in any other active juvenile court case;\nd.The child has not been adopted;\ne.The child is not the subject of a written adoption placement agreement between the responsible social services agency and the prospective adoptive parent;\nf.At least twelve months have elapsed following a final order terminating parental rights and the child remains in foster care;\ng.The genetic parent has corrected the condition that led to the order terminating parental rights; and\nh.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.\n3.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.","path":["Title 27 Judicial Branch Of Government","Chapter 27-20.6 Re-Establishment Of Parental Rights And Responsibilities"],"source_url":"https://ndlegis.gov/cencode/t27c20-6.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"80c644bf0e9c9ba872ae845b442547c187e942c6455b35ea48b10d142658bd74","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-27-20.6-10","next":"us-nd/n.d.-cent.-code-27-20.6-12"},"notice":"GroundRules: Original legal text. Not legal advice."}