Involvement and Notice of Court Hearings 622-05-40-35

(Revised 6/1/22 ML #3677)

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The Safe and Timely Interstate Placement of Foster Child Act of 2006 requires foster care providers/caregiver of a child must receive timely notice of and the right to be heard in any proceeding held with respect to the child during the time the child is in the care of such foster care provider/caregivers. The custodial agency must notify the foster care provider/caregiver in writing. Email or letter notice constitutes written notice, if there is documentation of the letter or email in the child’s case file.

 

ND Rules of Juvenile Procedure, Rules 4 and 15. (www.ndcourts.gov) highlight who is eligible to be noticed.

 

RULE 4. INTERESTED PERSONS: Persons who may participate in a juvenile matter include:

  1. the parties as defined in Rule 3(b);
  2. the child’s guardian ad litem;
  3. in the case of an Indian child, the child’s Indian custodian and Indian tribe through the tribal representative;
  4. in the case of a child in foster care, the child’s foster care provider, pre-adoptive parents and relatives providing care for the child;
  5. any other person who is named by the court to be important to a resolution that is in the best interests of the child.

 

RULE 15. NOTICE

  1. In General. Within five days of filing a written order, decision or judgment in a juvenile matter, a copy must be served on all parties as directed by the court.
  2. Modification Proceedings. A party seeking review or modification of an existing order must serve notice under Rule 7 of any hearing or proceeding on all parties.
  3. Children in Foster Care. In any matter involving a child in foster care under the responsibility of the state, the state must notify the child’s foster care providers, pre-adoptive parents and relatives providing care for the child whenever any proceeding is held with respect to the child.
  4. Guardian ad Litem. If a guardian ad litem has been appointed for a child, notice under Rule 15(a), (b), and (c) must be provided to the guardian ad litem.