North Dakota creates re-establishment of parental rights process and associated right to counsel

On March 18, 2025, North Dakota Governor Kelly Armstrong signed HB 1034 into law, which creates a process for petitioning the court for re-establishment of the legal parent and child relationship.

In order to file the petition, certain requirements must be met, including that “[a]t least twelve months [must] have elapsed following a final order terminating parental rights and the child [must] remain[ ] in foster care.”  There must also be “no pending litigation or appeal pertaining to the original termination of parental rights proceeding”, and the child must not have been adopted nor “the subject of a written adoption placement agreement between the responsible custodian and the prospective adoptive parent.”

In such matters, the court shall appoint counsel for an unrepresented child, regardless of income.  A “genetic parent” who has filed the petition to re-establish is also entitled to appointed counsel if they are indigent and upon the filing an application for counsel and a determination of indigency.  The court is obligated to inform the parent of their right to counsel.

To learn more about reinstatement laws across the country, check out the National Conference of State Legislatures website, which has a survey of reinstatement of parental rights laws.