# Title 27 — Judicial Branch of Government

## Chapter 27-20.1 — Guardianship of a Child

### § 27-20.1-01. Definitions.

As used in this chapter:
1. "Abandon" means:
a. As to a parent of a child not in the custody of that parent, failure by the
noncustodial parent significantly without justifiable cause:
(1) To communicate with the child; or
(2) To provide for the care and support of the child as required by law; or
b. As to a parent of a child in that parent's custody:
(1) To leave the child for an indefinite period without making firm and agreed
plans, with the child's immediate caregiver, for the parent's resumption of
physical custody;
(2) Following the child's birth or treatment at a hospital, to fail to arrange for the
child's discharge within ten days after the child no longer requires hospital
care; or
(3) Willfully fail to furnish food, shelter, clothing, or medical attention reasonably
sufficient to meet the child's needs.
2. "Abandoned infant" means a child who has been abandoned before reaching the age
of one year.
3. "Child in need of protection" means a child who:
a. Is without proper parental care or control, subsistence, education as required by
law, or other care or control necessary for the child's physical, mental, or
emotional health, or morals, and the need for services or protection is not due
primarily to the lack of financial means of the child's parents, guardian, or other
custodian;
b. Has been placed for care or adoption in violation of law;
c. Has been abandoned by the child's parents, guardian, or other custodian;
d. Is without proper parental care, control, or education as required by law, or other
care and control necessary for the child's well-being because of the physical,
mental, emotional, or other illness or disability of the child's parent or parents,
and that such lack of care is not due to a willful act of commission or act of
omission by the child's parents, and care is requested by a parent;
e. Is in need of treatment and whose parents, guardian, or other custodian have
refused to participate in treatment as ordered by the juvenile court;
f. Was subject to prenatal exposure to chronic or severe use of alcohol or any
controlled substance as defined in chapter 19-03.1 in a manner not lawfully
prescribed by a practitioner;
g. Is present in an environment subjecting the child to exposure to a controlled
substance, chemical substance, or drug paraphernalia as prohibited by section
19-03.1-22.2; or
h. Is a victim of human trafficking as defined in title 12.1.
5. "Custodian" means a person, other than a parent or legal guardian, that stands in loco
parentis to the child and a person that has been given legal custody of the child by
order of a court.
6. "Fit and willing person" means a relative or other individual who has been determined,
after consideration of an assessment that includes a criminal history record
investigation under chapter 50-11.3, to be a qualified individual under this chapter and
chapter 30.1-27, and who consents in writing to act as a legal guardian.
7. "Relative" means:
a. The child's grandparent, great-grandparent, sibling, half-sibling, aunt, great-aunt,
uncle, great-uncle, nephew, niece, or first cousin;
b. An individual with a relationship to the child, derived through a current or former
spouse of the child's parent, similar to a relationship described in subdivision a;

c. An individual recognized in the child's community as having a relationship with
the child similar to a relationship described in subdivision a;
d. The child's stepparent; or
e. An extended family member as defined by the law or custom of an Indian child's
tribe.
### § 27-20.1-02. Jurisdiction.

The juvenile court has exclusive original jurisdiction of proceedings to grant, modify, or
terminate guardianship for a child, except the testamentary appointment of a guardian for a
minor governed by chapter 30.1-27 and the appointment of a guardian for a minor becoming an
incapacitated adult under section 30.1-28-03.3.
### § 27-20.1-03. Transfer from district court.

If a court does not approve acceptance of a testamentary guardian of a minor under chapter
30.1-27, the court shall immediately transfer the guardianship portion of the case to the juvenile
court and order the child be taken to the juvenile court immediately or to a place of shelter care
designated by the juvenile court, or release the child to the custody of the child's custodian,
relative, or other responsible adult able and willing to assume custody of the child, to be brought
to the juvenile court at a time designated by the court. The juvenile court shall immediately
reappoint the guardian ad litem who served in the probate case whenever possible, or shall
immediately appoint an alternative guardian ad litem.
### § 27-20.1-04. Venue.

Except as otherwise provided by this section, a proceeding under this chapter must be
commenced in the county in which the child resides. If a child in need of protection is alleged,
the proceeding may be brought in the county in which the child is present when it is
commenced, the county in which the child has resided for the majority of the thirty days before
the date of the alleged child in need of protection, or the county where the alleged conditions of
the child in need of protection have occurred. The court shall determine the appropriate venue
when the conditions of a child in need of protection action is based on the best interest of the
child.
### § 27-20.1-05. Petition - Who may file.

A petition to establish, modify, or terminate a guardianship order, other than one that has
been transferred by the district court under chapter 30.1-27, may be filed by any person
interested in the welfare of the child who has knowledge of the facts alleged or has information
and belief that the facts are true.
### § 27-20.1-06. Contents of petition to appoint guardian of a child.

1. The petition must state that an order to appoint a guardian of a child is requested and
the effect will be as stated in section 27-20.1-13.
2. The petition must also contain information required by rule 3 of the North Dakota Rules
of Juvenile Procedure and include:
a. The name, address, and telephone number of the petitioner and the petitioner's
relationship to the child;
b. The full legal name and date of birth of the child, accompanied by a certified copy
of the child's birth certificate unless the petitioner shows good cause for why the
child's birth certificate is unavailable;
c. The name, last known address, and telephone number of the mother and the
name, last known address, and telephone number of the father, alleged father, or
presumed father;
d. If the name, last known address, or telephone number of the parents is not
included, detailed information concerning the efforts made to locate the parents;

e. The name, last known address, and telephone number of the persons having
parental rights or visitation rights and the name, address, and telephone number
of the persons or entity having the care, custody, or control of the child;
f. The names, current addresses, and telephone numbers of the persons with
whom the child currently lives;
g. The names, addresses, and telephone numbers of the persons with whom the
child has lived during the last five years;
h. The names of any siblings or half-siblings of the child and with whom each sibling
and half-sibling currently lives;
i. The name and address of the proposed guardian, if different from the petitioner;
j. The occupation and qualifications of the proposed guardian;
k. The names, addresses, and telephone numbers of the spouse, parents, adult
children, any adult siblings of the proposed guardian, and any adult who resides
with or may reside with the proposed guardian;
l. A brief description and the approximate value of the real and personal property
and income of the child, so far as they are known to the petitioner;
m. A brief description and the approximate value of any anticipated income of the
child;
n. A statement regarding each parent that:
(1) The parent is deceased, accompanied by a copy of the death certificate;
(2) The parent consents to the guardianship, accompanied by an affidavit of the
parent indicating consent and any limitations on the guardian's duties under
section 27-20.1-15;
(3) The parent's rights have been previously terminated, accompanied by a
certified copy of the court order terminating parental rights; or
(4) The parent has a child in need of protection as that term is defined under
section 27-20.1-01;
o. A statement whether the petitioner:
(1) Has participated, as a party, a witness, or in any other capacity, in any other
proceeding concerning the custody of or visitation with the child and, if so,
identify the court, the case number, and the date of the child custody
determination, if any; and
(2) Knows of any proceeding that could affect the current proceeding, including
proceedings for child support enforcement and proceedings relating to
domestic violence protective orders, termination of parental rights, and
adoptions and, if so, identify the court, the case number, and the nature of
the proceeding;
p. A statement setting forth the reasons why the petition is in the child's best
interests; and
q. A statement of whether the child is an Indian child as defined under Public
Law 95-608 [92 Stat. 3069; 25 U.S.C.1903]. If the child is an Indian child, the
petition must comply with the requirements of Public Law 95-608 [92 Stat. 3071;
25 U.S.C. 1911 et seq.].
### § 27-20.1-07. Procedure upon filing of petition.

1. A supporting affidavit establishing the basis for the guardianship under subdivision n of
subsection 2 of section 27-20.1-06, and that the guardianship is in the best interest of
the child, must be filed with the petition. Where a child in need of protection is alleged
under paragraph 4 of subdivision n of subsection 2 of section 27-20.1-06, the petition
must contain sufficient statements to establish a child in need of protection unless the
child has resided in the home of the proposed guardian for at least one year before the
filing date of the petition.
2. A petition under this chapter must be reviewed by the court to determine whether the
contents of the petition comply with section 27-20.1-06.

3. If a petition alleges a child in need of protection, the petition will be reviewed by the
court to determine whether there has been a sufficient showing of a child in need of
protection.
4. If the petitioner has made an insufficient showing of a child in need of protection, the
court, without oral argument or an evidentiary hearing shall issue an order denying the
petition. If the petitioner has made a sufficient showing of a child in need of protection
justifying a guardianship, the court shall set a date for an evidentiary hearing.
### § 27-20.1-08. Procedure upon approval of petition.

1. The court shall issue a summons in accordance with rule 5 of the North Dakota Rules
of Juvenile Procedure and appoint a lay guardian ad litem upon the approval of the
petition.
2. An initial hearing must be set in accordance with rule 2 of the North Dakota Rules of
Juvenile Procedure.
3. For a petition filed under paragraphs 1, 2, or 3 of subdivision n of subsection 2 of
section 27-20.1-06:
a. The petitioner may request the court waive the hearing requirement.
b. The petition must state any person interested in the welfare of the child who
opposes the appointment of the proposed guardian shall file an objection to the
appointment and a demand for hearing within ten days of the service of the
petition. If an objection is not filed within ten days, the court may order the
appointment of a guardian for the child without a hearing upon review of the
guardian ad litem's report.
c. If the petition is unopposed, the court may order appointment of a guardian on the
strength of the pleadings, including the report of the guardian ad litem, if satisfied
that the conditions of paragraphs 1, 2, or 3 of subdivision n of subsection 2 of
section 27-20.1-06 have been met, or may conduct a hearing and require proof of
the matters necessary to support the order sought. Before appointment of the
guardian, the court shall consider whether the child has or will have significant
excess assets and determine whether a conservatorship is necessary under
chapter 30.1-29.
d. The guardian ad litem shall file a report in accordance with rule 17 of the North
Dakota Rules of Juvenile Procedure, within twenty days after appointment.
### § 27-20.1-09. Right to counsel.

1. If, at any time in the proceeding, the court determines the interests of the child are or
may be inadequately represented and the child is of sufficient age and competency to
assist counsel, the court may appoint an attorney to represent the child. The court
shall make appropriate findings to support the appointment of counsel.
2. At a proceeding commenced under this chapter, a parent who is indigent and unable
to employ legal counsel is entitled to counsel at public expense. If a parent appears
without counsel the court shall ascertain whether the parent knows the parent may be
represented by counsel and that the parent is entitled to counsel at public expense if
indigent. The court may continue the proceeding to enable the parent to obtain
counsel and, subject to this section, counsel must be provided for an unrepresented
indigent parent upon the parent's request and the court's determination that the parent
is indigent.
3. An indigent parent is one who meets the definition of indigent under the guidelines
adopted by the commission on legal counsel for indigents.
### § 27-20.1-10. Conduct of hearings.

1. A hearing under this chapter must be conducted by the court without a jury, in an
informal but orderly manner, and separately from other proceedings not included in
section 27-20.2-03 or section 27-20.1-02.

2. The proceedings must be recorded by stenographic notes or by electronic,
mechanical, or other appropriate means.
3. The petitioner shall present the evidence in support of any allegations of the petition
not admitted.
4. The general public must be excluded from the hearing and only the parties, their
counsel, witnesses, victims, and any other persons the court finds to have an interest
in the proceedings may be admitted. The court may temporarily exclude the child or
other person from the hearing if, after being warned by the court that disruptive
conduct will cause removal from the courtroom, the child or other person persists in
conduct justifying removal from the courtroom.
5. If the child has or will have significant excess assets, the court shall determine whether
a conservatorship is necessary under chapter 30.1-29.
### § 27-20.1-11. Appointment of guardian of a child.

1. The court may appoint a guardian of a child if the court finds by clear and convincing
evidence that the appointment is in the child's best interest and:
a. Both parents are deceased or the surviving parent's rights have been terminated
by a previous court order, but there has been no appointment of a guardian for
the child by will, the court has transferred the case to juvenile court without
appointment of a guardian, or the testamentary guardian failed to accept the
appointment under chapter 30.1-27;
b. The parents have consented in writing by affidavit;
c. All parental rights have been previously terminated; or
d. The child is a child in need of protection as defined under section 27-20.1-01.
2. The court may appoint as guardian any fit and willing person whose appointment
would be in the best interest of the child. If the court finds by clear and convincing
evidence that the child is of sufficient maturity to make a sound judgment, or the child
is age fourteen or older, the court may give substantial weight to the preference of the
child. The court shall give due consideration to other factors that may have affected
the child's preference, including whether the child's preference was based on
undesirable or improper influences.
3. The court may appoint a guardian as a dispositional alternative if a child has been
adjudicated as a child in need of protection or delinquent under chapter 27-20.2,
27-20.3, or 27-20.4.
### § 27-20.1-12. Findings on petition to appoint guardian of a child - Order of appointment.

1. After hearing the evidence on the petition or after a waiver of the hearing, the court
shall make and file its findings as to whether the requirements of section 27-20.1-06
have been met, whether the guardian is a fit and willing person, and whether the
appointment of the guardian is in the child's best interest.
2. Upon finding that the requirements of section 27-20.1-06 have been met, the guardian
is a fit and willing person, and the appointment of the guardian is in the child's best
interest, the court shall order the appointment. The order must contain:
a. The name, address, and telephone number of the guardian.
b. Notice of the right to appeal the guardianship appointment and of the right to seek
modification or termination of the guardianship at any time.
c. If appropriate and in the child's best interest, the court shall determine the nature
and extent, if any, of any contact, sharing of information, and visitation between
the parents and the child, and the child and any other interested person.
d. A requirement that the guardian provide, within ninety days from the date of the
order, a beginning inventory of any assets owned by the child or in which the child
has an interest. The guardian shall file with the court and serve a copy of the
beginning inventory on the child if the child is fourteen years of age or older, and
any interested persons designated by the court in its order.
e. The date on which the first annual report is due and the requirement to file
annually thereafter.

f. The length of time the order is effective. An order appointing or reappointing a
guardian under this chapter is effective for up to one year unless the court, upon
a showing of good cause, sets a different time frame. An order may not be
effective for more than three years.
### § 27-20.1-13. Effect of order appointing a guardian.

1. An order appointing a guardian of a child suspends any authority of a parent that is
granted to the guardian under that order. A parent subject to such an order is entitled
to treatment as a party at any subsequent juvenile court proceeding regarding the
child.
2. While a guardianship is in effect, the parent has the following rights:
a. Parenting time, contact, and information, to the extent delineated in the
guardianship order issued by the court. A parent may petition the court for specific
enforcement provisions of the order relating to contact, parenting time, or
information; and
b. Inheritance from the child.
3. The parent has the primary responsibility to financially support the child.
### § 27-20.1-14. Acceptance of appointment - Consent to jurisdiction - Letters of

guardianship.
1. By accepting the appointment, a guardian submits personally to the jurisdiction of the
court in any proceeding relating to the guardianship that may be instituted by any
interested person.
2. By accepting the appointment, a guardian acknowledges the duty to file an annual
report under section 27-20.1-15.
3. Upon the guardian's acceptance of the appointment, the court shall issue letters of
guardianship. The letters of guardianship must contain:
a. The name, address, and telephone number of the guardian;
b. The full name of the child;
c. Any limitations on the guardian's authority to make decisions on behalf of the
child;
d. The expiration date of the appointment; and
e. The date by which the guardian must file the annual report required under section
27-20.1-15.
### § 27-20.1-15. Powers and duties of guardian of a child.

1. A guardian of a child has the powers and responsibilities of a legal custodian if there is
a parent with remaining parental rights. If there is no parent with remaining parental
rights, the guardian has the rights of a legal custodian and the authority to consent to
the child's adoption, marriage, enlistment in the armed forces of the United States, and
surgical and other medical treatment. A guardian is not liable to third persons by
reason of the parental relationship for acts of the child.
2. A guardian has the following powers and duties:
a. The guardian must take reasonable care of the child's personal effects and
commence protective proceedings if necessary to protect other property of the
child.
b. The guardian may receive money payable for the support of the child to the
child's parent, guardian, or custodian under the terms of any statutory benefit or
insurance system, or any private contract, devise, trust, conservatorship, or
custodianship.
(1) The guardian may receive money or property of the child paid or delivered
by virtue of section 30.1-26-03. Any sums received must be applied to the
child's current needs for support, care, and education.
(2) The guardian must exercise due care to conserve any excess sum for the
child's future needs unless a conservator has been appointed for the estate

of the child, in which case the excess sum must be paid over at least
annually to the conservator. Sums so received by the guardian are not to be
used for compensation for the guardian's services except as approved by
order of the court or as determined by a duly appointed conservator other
than the guardian.
(3) The guardian may not use funds from the child's estate for room and board
that the guardian or the guardian's spouse have furnished to the child unless
a charge for the service is approved by order of the court made upon notice
to at least one of the child's next of kin, if notice is possible.
(4) A guardian may institute proceedings to compel the performance by any
person of a duty to support the child or to pay sums for the welfare of the
child.
c. To facilitate the child's education, social, or other activities.
d. To authorize medical or other professional care, treatment, or advice. A guardian
is not liable by reason of this consent for injury to the child resulting from the
negligence or acts of third persons unless it would have been illegal for a parent
to have consented.
e. A guardian shall file an annual report with the court regarding the exercise of
powers and duties under this subsection.
(1) The report must describe the status or condition of the child, including any
change of residence and reasons for the change, any medical treatment
received by or withheld from the child, the child's educational progress, any
expenditure and income affecting the child, and any exercise of legal
authority by the guardian affecting the child.
(2) The report must include changes that have occurred since the previous
reporting period and an accounting of the child's estate.
(3) The guardian shall report whether the child continues to require a
guardianship.
(4) The report must be filed with the court.
(5) The filing of the report does not constitute an adjudication or a determination
of the merits of the report nor does the filing of the report constitute the
court's approval of the report.
(6) The court shall review the report and a hearing may be set.
(7) The office of the state court administrator shall provide forms that may be
used to fulfill reporting requirements. Any report must be similar in
substance to the state court administrator's form.
(8) Copies of the guardian's annual report and of any other reports required by
the court must be mailed to the child, if the child is age fourteen or older, the
child's parents, unless the parents' rights have been terminated or the
parents are deceased, and any interested persons designated by the court
in its order.
(9) If a guardian fails to file a complete annual report as required by this
subdivision, fails to file a report at other times as the court may direct, or
fails to provide an accounting of an estate, the court, upon its own motion or
upon petition of any interested person, may issue an order compelling the
guardian to show cause why the guardian should not immediately make and
file the report or account, or be found in contempt for failure to comply. A
copy of the order to show cause must be provided to the child, if the child is
age fourteen or older, the child's parents, unless the parents' rights have
been terminated or the parents are deceased, any interested persons
designated by the court in its order, and the juvenile court director.
f. The guardian shall inform the court of any change in the child's residence within
thirty days of the change, but must seek prior authorization of the court to
establish or move the child's residence outside of the state.

g. In determining what is in the child's best interest, the guardian shall take into
account the child's preferences to the extent actually known or reasonably
ascertainable by the guardian.
h. To the extent reasonable, the guardian shall delegate to the child responsibilities
for decisions affecting the child's well-being.
i. The guardian may not delegate authority as a guardian under a power of attorney
without prior approval from the court.
### § 27-20.1-16. Procedure for modification, resignation, or termination of a guardianship.

1. A guardian may petition for permission to resign. A petition for permission to resign
must include a request for appointment of a successor guardian unless continuation of
the guardianship is no longer necessary. Resignation of a guardian does not terminate
the guardianship unless specifically ordered by the court.
2. Any party to the proceeding in which the child's status was adjudicated, the director,
the child, if fourteen or more years of age, or any interested person, may petition for
removal or modification of a guardian on the grounds the removal or modification
would be in the best interest of the child. A petition for removal or modification must
include a request for appointment of a successor guardian unless continuation of the
guardianship is no longer necessary.
3. Any party to the proceeding in which the child's status was adjudicated, the director,
the child, if fourteen or more years of age, or any interested person, may petition for
termination of the guardianship due to:
a. The child's death, adoption, marriage, or attainment of majority;
b. The withdrawal of the parent's consent; or
c. The basis for the guardianship no longer exists.
4. The person seeking modification, resignation, removal, or termination of the
guardianship shall file a supporting affidavit with the petition demonstrating the basis
for the petition, and serve the petition and affidavit on the child, if the child is age
fourteen or older, the child's parents, unless the parents' rights have been terminated
or the parents are deceased, and any interested persons designated by the court in its
order. The petition must be reviewed by the court to determine whether to set an
evidentiary hearing. If an insufficient showing has been made, the court shall issue an
order denying the petition.
5. If, at any time in the proceeding, the court determines it is in the best interest of the
child, the court may appoint a guardian ad litem.
6. If, at any time in the proceeding, the court determines the interests of the child are or
may be inadequately represented, the court may appoint an attorney to represent the
child.
### § 27-20.1-17. Expiration and termination of guardianship of a child.

1. An order appointing or reappointing a guardian under this chapter is effective for up to
one year unless the court, upon a finding of good cause, sets a different time frame.
An order may not be effective for more than three years. At least sixty days before the
expiration of the initial order of appointment or any following order of reappointment,
the court shall request and consider information submitted by the guardian, the child, if
fourteen years of age or older, the child's attorney, if any, the child's parents, and any
interested persons regarding whether the need for a guardianship continues to exist.
The court, at its discretion, may appoint a guardian ad litem in accordance with section
27-20.1-08, before the hearing. The court shall hold a hearing on whether the
guardianship should continue. Following the hearing and consideration of submitted
information, the court may:
a. Terminate the guardianship if shown by clear and convincing evidence that the
circumstances that led to the guardianship no longer exist;
b. Reappoint the guardian for up to three years; or
c. Appoint a new guardian.

The court may extend a guardianship up to ninety days past the expiration of the initial
order, for good cause shown, if the hearing cannot be held before the expiration of the
order. If the court extends an initial order for guardianship, new letters of guardianship
must be issued reflecting the extended expiration date.
2. A guardian's authority and responsibility terminates upon the death, resignation, or
removal of the guardian, or upon the child's death, adoption, marriage, or attainment of
majority, but termination does not affect the guardian's liability for prior acts or the
guardian's obligation to account for funds and assets of the child.
3. The supreme court, by rule or order, shall provide for the regular review of
guardianships in existence on August 1, 2019.
### § 27-20.1-18. Appointment of emergency guardian of a child.

1. Upon petition by a person interested in the child's welfare, the court may appoint an
emergency guardian if the court finds that compliance with the procedures of this
chapter will likely result in substantial harm to the child's health, safety, or welfare.
Immediately upon receipt of the petition for an emergency guardian, the court shall
appoint a guardian ad litem to advocate for the best interests of the child.
2. An emergency guardian may be appointed without hearing or notice to the child, the
child's parent or legal custodian, or the child's guardian ad litem only if the court finds
from affidavit or other sworn testimony that the child will be substantially harmed
before a hearing can be held. If the court appoints an emergency guardian without
hearing or notice to the child, the child's parent or legal custodian, or the child's
guardian ad litem, the child, the child's parent or legal custodian, and the child's
guardian ad litem must be given notice of the emergency appointment by the petitioner
within forty-eight hours after the emergency appointment. The court shall hold a
hearing on the appropriateness of the emergency appointment within ninety-six hours
after the emergency appointment or filing of the petition.
3. Reasonable notice, either oral or written, stating the time, place, and purpose of the
hearing must be given to the child, if fourteen years of age or older, and, to the child's
parents or legal custodian, if they can be found. If oral notice is provided, the petitioner
must file an affidavit stating that oral notice including the time, place, and purpose of
the hearing has been provided.
4. The court shall determine if there is probable cause to believe the emergency
appointment is in the best interest of the child and one of the provisions of
subsection 1 of section 27-20.1-11 is met.
5. If the emergency guardian is found to be appropriate, the court may order the
emergency guardian remain in place for no more than sixty days from the date of the
hearing. The court may extend the emergency order for up to six months.
6. A request for an emergency guardian may be included in a petition for appointment of
a guardian of a child under section 27-20.1-05.
### § 27-20.1-19. Attorney's fees.

If the court determines an action brought under section 30.1-27-07 or this chapter is
frivolous, the court may award reasonable, actual, and statutory costs, including reasonable
attorney's fees, incurred by or on behalf of the child.
### § 27-20.1-20. Protective order.

1. At any stage of the proceedings, upon application of a party or on the court's own
motion, the court may make an order restraining or otherwise controlling the conduct
of an individual if the court finds the conduct:
a. Is or may be detrimental or harmful to the child; or
b. Will tend to defeat the execution of an order of disposition; and
2. Due notice of the application or motion and the grounds therefor and an opportunity to
be heard have been given to the person against whom the order is directed.

### § 27-20.1-21. Orders for evaluation.

1. The court may order a party or a proposed guardian to submit to a chemical
dependency, parental capacity, mental health, domestic violence, anger management,
or other relevant evaluation by a suitably licensed or certified examiner. The court may
request other persons having regular contact with the child submit to a chemical
dependency, parental capacity, mental health, domestic violence, anger management,
or other relevant evaluation by a suitably licensed or certified examiner. Failure to
submit to an evaluation will be taken into consideration by the court.
2. The order may be made only on motion for good cause by a party or guardian ad
litem, or on the court's own motion, and on notice to all parties and the person to be
evaluated. The order must:
a. Specify the type of evaluation and the type of professional or entity to perform the
evaluation;
b. Include the deadline for performing the evaluation;
c. Include the date by which the evaluation must be filed with the court; and
d. Specify the party that must pay the costs of the evaluation. If the party is unable
to pay the costs, the court may direct the costs to be paid, in whole, or in part, by
the county. The court may direct the party to reimburse the county, in whole or in
part, for the payment.
3. The evaluation must be in writing and must set out in detail the evaluator's findings,
including diagnoses, conclusions, and the results of any tests. The evaluator must file
a copy with the court.
4. The evaluation reports and any addendums are confidential. The public or the parties
may not read or copy the evaluation reports or addendums unless the court, in its
discretion, gives permission. The guardian ad litem may read the evaluation reports
and addendums but may not copy the evaluation reports and addendums unless the
court, in its discretion, gives permission. A party, proposed guardian, or other person
requested to submit to an evaluation by the court under this section is entitled to a
copy of the report of evaluation and any addendum, upon request.
### § 27-20.1-22. Confidentiality.

Except as provided by section 27-20.2-21, all files and records under this chapter are
closed to the public and confidential.
