N.D. Admin. Code 75-03-36-24

Current through Supplement No. 394, October, 2024

Section 75-03-36-24 - Adoption - Services to birth parents

1. The child-placing agency shall:

a. Inform a birth parent of the birth parent's rights, obligations, and responsibilities under state law, or as specified by court order;

b. Inform a birth parent of the continuum of openness in adoption and the options available to the birth parent and the child for future contact as allowed by state law;

c. Assist the birth parent in making a decision and understanding the finality of relinquishment of parental rights;

d. Assist the birth parent to legally terminate the birth parent's parental rights provided this is the decision of the parent and the parent has the legal authority to relinquish his or her rights or make an adoption plan;

e. Solicit the preference of the birth parent for the religious faith in which their child may be reared;

f. Include the birth parent, and other significant individuals including the child when appropriate, in the development of the case plan;

g. Obtain, if assuming custody of a child for voluntary placement purposes:

(1) Written authority from the parent or parents to place the child; and

(2) Written authority from the parent or parents to provide medical services for the child;

h. Make reasonable efforts to involve the birth parents in planning for the adoptive placement of the child. Reasonable efforts as identified by this section means effort with respect to any action made, attempted or taken by the child-placing agency is intended to be timely, documented, and consistent with the best interests of the child; and

i. Offer supportive and referral services to the birth parents.

2. No fee, with the exception of reasonable fees as verified by the court and allowed by state law, may be paid by the prospective adoptive parents to the birth parents. The fees paid by the prospective adoptive parents and the services provided by the child-placing agency to the birth parents may not be provided dependent on their willingness to relinquish their child for adoption.

N.D. Admin Code 75-03-36-24

Effective April 1, 2010.

Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

General Authority: NDCC 50-12-05

Law Implemented: NDCC 50-12-05