N.D. Cent. Code § 14-09.4-01

Current through 2023 Legislative Sessions

Section 14-09.4-01 - Definitions

As used in this chapter:

1. "Child" means an unemancipated individual who is under eighteen years of age.

2. "Compensation" means wages or other remuneration paid in exchange for care of a child. The term does not include reimbursement of expenses for care of the child, including payment for food, clothing, and medical expenses.

3. "Consistent caretaker" means a nonparent who meets the requirements of subsection 2 of section 14-09.4-03.

4. "Custody" means physical custody, legal custody, or both. The term includes joint custody or shared custody.

5. "Harm to a child" means significant adverse effect on a child's physical, emotional, or psychological well-being.

6. "Legal custody" means the right to make significant decisions regarding a child, including decisions regarding a child's education, health care, and scheduled activity.

7. "Nonparent" means an individual other than a parent of the child, including a grandparent, sibling, or stepparent of the child.

8. "Parent" means an individual recognized as a parent under law of this state other than this chapter.

9. "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

10. "Physical custody" means living with a child and exercising day-to-day care of the child.

11. "Record" means information inscribed on a tangible medium, or stored in an electronic or other medium, and is retrievable in perceivable form.

12. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.

13. "Substantial relationship with the child" means a relationship between a nonparent and child which meets the requirements of subsection 3 of section 14-09.4-03.

14. "Visitation" means the right to spend time, which may include an overnight stay, with a child who is living with another person.

N.D.C.C. § 14-09.4-01

Added by S.L. 2019, ch. 131 (SB 2051),§ 1, eff. 8/1/2019 and applicable to a proceeding commenced before 8/1/2019 in which a final order has not been entered and to a proceeding commenced on or after 8/1/2019.