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HB 1034

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2026 Regular Session Introduced by Julie McGuire and 1 co-sponsor

Allows previously terminated genetic parents to petition to restore parental rights and reunify with the child, with court approval and safeguards.

Authored by Representative Teshka
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WeVote Research Nonpartisan
Bill Summary · HB 1034

Summary — HB 1034 (North Dakota): Re‑establishment of Parental Rights and Responsibilities

Status: Filed (introduced 11/12/2024). Act text creates a new chapter in Title 27 of the North Dakota Century Code.

Purpose / Intent

HB 1034 creates a statutory process by which a genetic parent whose parental rights were previously terminated may petition the juvenile court to re‑establish the legal parent‑child relationship — including physical reunification and full restoration of rights and obligations that were earlier severed by a termination order — subject to statutory eligibility, procedural safeguards, and best‑interest findings for the child.

Key provisions

  • Definitions: establishes terms used in the chapter (child; genetic parent; custodian; department; division of juvenile services; human service zone; parental rights and responsibilities; re‑establishment = physical reunification + restoration of prior rights under ND law).

  • Jurisdiction & venue:

    • Exclusive original jurisdiction in juvenile court.
    • Petitions generally filed in the county where the child resides or where the agency that has custody is located. Court may transfer on substantial‑justice grounds.

  • Who may petition:

    • Any interested party from the original termination proceeding may file, but certain statutory preconditions apply (see below).

  • Eligibility / preconditions to filing:

    • The state’s attorney must receive a copy of the petition, and the responsible custodian and the state’s attorney must agree that re‑establishment is in the child’s best interests.
    • At least 12 months must have elapsed since the final order terminating parental rights and the child must remain in foster care.
    • No pending litigation or appeal related to the original termination.
    • The child must not have been adopted and must not be the subject of a written adoption placement agreement with a prospective adoptive parent.

  • Mandatory petition contents: petitioner must swear to and provide detailed information, including identities and dates of birth, specifics of the prior termination (dates, court, case number), relation of petitioner to child, which parent’s rights are sought, reasons why reunification is in the child’s best interest, steps the parent has taken toward rehabilitation, how the underlying conditions have been corrected, and evidence of the parent’s capability to provide day‑to‑day care.

  • Bar on petitions in certain cases: petition not permitted if prior termination was based on a finding of sexual abuse or on a conviction for intentional conduct that caused substantial bodily injury or death of a minor.

  • Counsel & child advocacy:

    • Child has the right to appointed counsel in all proceedings (court must appoint counsel unless retained); children 14+ may waive counsel if the court finds the waiver knowing and voluntary.
    • Genetic parents are entitled to counsel upon application and indigency determination; court may continue proceedings to allow counsel to be obtained.
    • Court must appoint a guardian ad litem (GAL) to advocate the child’s best interests. GALs have civil immunity except for gross/willful negligence or misconduct.

  • Initial (prima facie) review: upon filing the court will consider the petition without oral argument or evidence to determine whether to proceed to further hearings (text truncated in provided materials but establishes an initial screening step).

Who is affected

  • Previously terminated genetic parents seeking restoration of parental rights.
  • Children in foster care whose parents had rights terminated.
  • Custodians (foster parents, human service zones, division of juvenile services).
  • County juvenile courts, state’s attorneys, guardian ad litem counsel, and child welfare agencies.

Procedural/timeline highlights

  • Minimum waiting period: 12 months after final termination order.
  • Required agreement from custodian and state’s attorney that reunification is in child’s best interest before filing.
  • Petitions barred where prior termination involved sexual abuse or conviction causing substantial injury/death.
  • Juvenile court exclusive forum; court conducts an initial prima facie screening and appoints counsel/GAL as required.

Potential impacts / considerations

  • Creates a formal restoration pathway for rehabilitated parents, balancing reunification opportunities against child safety (statutory bars for serious prior misconduct).
  • Requires coordination and agreement with custodial agency and state’s attorney, which may limit filings to cases where agency concurrence exists.
  • Could affect permanency planning for children in foster care; statutory safeguards aim to prioritize child welfare and judicial oversight.

If you want, I can extract and summarize the remaining procedural subsections (hearing standards, burdens of proof, visitation, transition plans) if you provide the truncated portions or ask me to infer typical juvenile‑court standards.

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

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