Summary — HB 1120 (North Dakota): Revised Uniform Adoption Act & Child‑Placing Agencies
Status / Sponsorship
- Introduced by the Human Services Committee at the request of the Department of Health and Human Services.
- Introduced 11/12/2024; filed with the Secretary of State 03/14/2025. Committee report adopted 01/13/2025.
- Bill would amend and reenact NDCC sections 14‑15‑09, 14‑15‑11, 50‑12‑09, 50‑12‑10, and 50‑12‑17; repeal sections 50‑12‑02.1 and 50‑12‑11; and provide a penalty.
Purpose / Intent
- Update and clarify North Dakota adoption procedures under the Revised Uniform Adoption Act and modernize regulation of child‑placing agencies (including licensing, investigations, and enforcement). The changes are intended to clarify required contents of adoption petitions, define allowable pre‑ and post‑adoption expenses, set investigation/reporting standards, and revise statutory treatment of child‑placing agency licensing and enforcement.
Key Provisions (selected)
- Petition contents (amended 14‑15‑09): Requires adoption petitions to state birth date/place (if known), chosen name, date custody/placement and placing party, full petitioner identifying information and marital status, declaration that petitioner has appropriate resources (including subsidy agreements), description/value of child’s property, and names/facts about any persons whose consent is required but not given. The department is listed as respondent; human service zones included when the child is in their custody.
- Permissible fees and expenses: Courts may approve reasonable fees (not contingent on placement) and living expenses reflected in court‑filed reports. Items specifically allowed include preplacement counseling/assessment, placement and foster care services (paid to providers), legal fees, medical expenses for prenatal care and birth (not covered by insurance), travel/meal/lodging related to placement or services, and limited living‑expense support for birth mothers. Living‑expense support is limited to pregnancy‑related incapacity and generally capped at six weeks post‑delivery unless the court finds a longer recovery period is needed. Living expenses expressly exclude lost wages, gifts, education, vacations.
- Investigation & reports (amended 14‑15‑11): Requires a licensed child‑placing agency to investigate adoptive home and child conditions; the Department performs the investigation if the agency has a conflict. The investigator must file a written report pre‑hearing containing child history, preplacement assessment (including criminal history checks), postplacement evaluation and recommendation, and the foster care assessment when applicable. Stepparent and adult adoptions are excepted from the general investigation/report requirement.
- Child‑placing agency statutes: The bill amends sections governing child‑placing agencies (50‑12‑09, ‑10, ‑17) and repeals the statute addressing out‑of‑state child‑placing agencies (50‑12‑02.1) and the prior revocation provision (50‑12‑11). (Text in available materials indicates restructuring of licensing/oversight and enforcement, but full operational details are in the amended sections.)
- Penalty: The bill “provides a penalty.” The provided documents do not include the exact penalty amount/type; legislative text should be consulted for specific sanctions.
Who is affected
- Prospective adoptive parents and petitioners, birth parents (particularly regarding approved expenses), minors subject to adoption, licensed child‑placing agencies (in‑state and out‑of‑state to the extent addressed), Department of Health & Human Services, human service zones, and courts handling adoptions.
Procedural / Implementation notes
- Changes clarify documentation and court approval standards for expenses and strengthen investigative/reporting duties. Repeal of out‑of‑state agency statute and revocation provisions suggests a rework of licensing and enforcement; agencies should monitor final enacted language for compliance changes. The precise penalty language was not contained in the excerpts provided — consult the enrolled bill or codified statute for enforcement details.
