SB 2383 — A BILL for an Act to create and enact four new sections to chapter 14-09 of the North Dakota Century Code, relating to parental rights and responsibilities, equal residential responsibility, and the presumption of fitness; to amend and reenact sections 14-09-00.1, 14-09-06.2, and 14-09-07 of the North Dakota Century Code, relating to the definition of equal decisionmaking responsibility and equal parenting time, the best interests of the child factors, and the residence of a child; and to provide for application.

25.0774.0200025.0774.03000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED SENATE BILL NO.

2383 of North Dakota Introduced by Senators Cory, Luick, Paulson Representative Vetter A BILL for an Act to create and enact four new sections to chapter 14-09 of the North Dakota Century Code, relating to parental rights and responsibilities, equal residential responsibility, and the presumption of fitness;

4.

"Harm" means negative changes in a child's health which occur when an individual responsible for the child's welfare:

1 25.0774.0200025.0774.03000 Sixty-ninth Legislative Assembly a.4.

"Harm" means negative changes in a child's health which occur when an individual responsible for the child's welfare:

a.

The court may not apply the best interests and welfare of the child factors under section 14-09-06.2 unlessPage aNo. party establishes by clear and convincing evidence the presumption is properly rebutted in accordance with subsection 2.

2.2 25.0774.03000 Sixty-ninth Legislative Assembly unless a party establishes by clear and convincing evidence that a parent is unfit to care for a child.

As determined by the court, the presumption of fitness may be rebutted:

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2 25.0774.02000 Sixty-ninth Legislative Assembly a.

If a parent has voluntarily chosen to have minimal or no relationship with the child for a period of at least one year after the birth of the child.

b.

If a parent or a parent's immediate family member has interfered with the other parent's ability to establish a relationship with the child, including by refusing to provide the other parent with opportunities to exercise care, residential responsibility, or control, even if a parenting time order has never been entered.

c.

If there exists a history of persistent and unwarranted interference by a parent with the other parent's parenting time, or a history of alienating a child from the other parent, even if a parenting time order has never been entered.

d.

If there exists one incident of domestic violence, as defined in section 14-07.1-01, which resulted in serious bodily injury or involved the use of a dangerous weapon, and the parent who committed the domestic violence was convicted of the crime due to the incident.

A domestic violence protection order that has been issued by a court or magistrate may not be considered by the court as evidence of domestic violence.

e.

If a parent has neglected or abused the child within a reasonable time proximate to the action.

For purposes of this section, "neglected or abused" means a parent:

(1) Abandons, tortures, chronically abuses, or sexually abuses a child;

(2) Fails to make substantial, meaningful efforts to secure treatment for the parent's addiction, mental illness, behavior disorder, or any combination of those conditions for a period of at least one year after the parent has been diagnosed with the condition, and notified by a licensed practitioner the parent is in need of treatment to protect the child from being physically or emotionally harmed;

(3) Engages in conduct prohibited under sections 12.1-20-01 through 12.1-20-08 or chapter 12.1-27.2, in which the child at issue in the action is the victim;

(4) Violates sections 12.1-16-01 through 12.1-16-03 or 14-09-22, in which the victim is another child of the parent;

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3 25.0774.02000 Sixty-ninth Legislative Assembly (5) Engages in aiding, abetting, attempting, conspiring, or soliciting in violation of section 12.1-16-01 through 12.1-16-03, in which the child at issue in the action is the victim;

(6) Violates section 12.1-17-02, in which the child at issue in the action is the victim and has suffered serious bodily injury;

(7) Commits an offense under the laws of another jurisdiction which require proof of substantially similar elements as the violations described in subparagraphs d through f;

or (8) Allows the child to be the victim of human trafficking as defined in section 12.1-41-01.

f.

If a parent engages or attempts to engage in conduct, prohibited under sections 12.1-1701 through 12.1-17-04, in which the child at issue in the action is the victim.

g.

If a parent, within a reasonable time proximate to the proceeding, exposes a child to chronic or severe alcohol use or use of any controlled substance as defined in section 19-03.1-01, in a manner not lawfully prescribed by a licensed practitioner.

h.

If a parent allows the child to be in an environment in which the child is exposed to a controlled substance or drug paraphernalia.

i.

If a parent allows a child to be without proper parental care or control, subsistence, education as required by law, or other care necessary for the child's physical, mental, or emotional health, and the deprivation is not due to the lack of financial means of the parent.