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HB 1556

AN ACT to amend and reenact subsection 5 of section 27-20.3-01, and sections 27-20.3-15 and 27-20.3-21 of the North Dakota Century Code, relating to a child in need of protection and termination of parental rights; to create a workgroup under the children's cabinet to study out-of-home placement or treatment of children with behavioral health issues; to provide for a report; to provide an expiration date; and to declare an emergency.

69th Legislative Assembly (2025-26) Introduced by Mike Beltz and 9 co-sponsors

Expands protections for children with severe behavioral/mental health disorders who pose household safety risks by broadening definitions, court options, and a new study group for

Filed with Secretary Of State 04/23
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Bill Summary · HB 1556

Summary — HB 1556 (North Dakota)

Status: Enacted (signed by Governor 04/23/2025; filed with Secretary of State 04/23/2025). Emergency clause included.

Purpose / Intent

HB 1556 revises North Dakota juvenile-protection and termination-of-parental-rights law to (1) expand the statutory definition of a “child in need of protection” to include certain children with severe behavioral or mental health conditions who have posed serious risk in the family home, (2) clarify disposition and placement options courts may order for such children, (3) amend procedures and standards for petitions seeking termination of parental rights, and (4) create a short-term workgroup under the Children’s Cabinet to study out‑of‑home placement or treatment issues for children with behavioral health needs. The bill also authorizes immediate effect by emergency declaration.

Key provisions and changes

  • Amends NDCC § 27‑20.3‑01(5) (definition of “child in need of protection”) by adding a new subparagraph (i). A child may be a child in need of protection if all three conditions are met:

    1. The child has been diagnosed with a severe mental health condition or behavioral health disorder by a licensed child psychologist or psychiatrist;
    2. The child has committed an act of a violent or sexual nature against another family member in the household that would be a crime if committed by an adult; and
    3. The child’s parent is unable to provide proper control and is in fear for the safety of a family member living in the same household.

  • Amends NDCC § 27‑20.3‑15 (disposition of a child in need of protection):

    • Lists permissible court dispositions (return with conditions, transfer temporary custody to licensed agencies or human service zone director, require participation in treatment, appoint guardian, or other planned permanent living arrangement when compelling reasons exist).
    • Requires reasonable transition time when transferring a child back to a parent/family without compelling reason to the contrary.
    • Prohibits placing a child in need of protection in a residential facility that also houses delinquent children.

  • Amends NDCC § 27‑20.3‑21 (petition for termination of parental rights):

    • Clarifies definitions (e.g., “finding that the child has been subjected to child abuse or neglect” and “compelling reason” — factors the court must record, including child’s age, time living with parent, adoptive availability, special needs, and wishes of children age 10+).
    • Restates who may prepare and file termination petitions and preserves timing triggers (e.g., filing when a child has been in foster care/custody for at least 450 of the prior 660 nights; within 60 days after a finding of abandoned infant or certain parental criminal convictions).

  • Adds a new subsection to NDCC § 14‑15‑19 permitting an adoptive parent to petition the court to relinquish parental rights of an adopted child in “extreme circumstances” (same three-part criteria as above). If court finds credible evidence of extreme circumstances, a rebuttable presumption favors granting the relinquishment; burden of proof rests with the petitioner. The department must be named as a respondent.

  • Creates a Children’s Cabinet workgroup to study out‑of‑home placement/treatment for children with behavioral health issues; requires a report and includes an expiration date for the study (bill language provides for report and expiration; specific deadlines are set in the enacted text).

Who is affected

  • Children diagnosed with severe behavioral/mental health disorders who have committed violent/sexual acts in the household.
  • Biological and adoptive parents (including adoptive parents seeking relinquishment).
  • Courts handling juvenile protection, placement and termination cases.
  • Department of Health and Human Services, human service zones, licensed placement agencies, and providers involved in out‑of‑home treatment and placement.
  • Families seeking reunification or permanence options (adoption, guardianship, planned permanent living arrangements).

Procedural / timeline aspects

  • The bill includes an emergency clause and took effect on signature (filed 04/23/2025).
  • Retains existing filing triggers for termination petitions (450 of prior 660 nights; 60‑day windows after certain findings/convictions).
  • Workgroup established under the Children’s Cabinet must study placement/treatment issues and report back (the enacted text specifies report timing and an expiration for the workgroup).

Potential impacts (practical)

  • Enables juvenile courts and child welfare agencies to address severe in‑home safety risks posed by children with diagnosed behavioral health disorders through child‑in‑need‑of‑protection proceedings.
  • Provides a legal path for adoptive parents to seek relinquishment in narrowly defined “extreme circumstances.”
  • Could increase referrals to child welfare and juvenile courts, and may create demand for specialized out‑of‑home behavioral health placements and services.
  • The Children’s Cabinet study is intended to assess placement/treatment capacity and inform future policy changes.

Compiled from official sources — confirm details with the bill’s official record.

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