RULE 15. NOTICE
(b) Modification Proceedings. A party seeking review or modification of an existing order must serve notice under Rule 7 of any hearing or proceeding on all parties.
(c) Children in Foster Care. In any matter involving a child in foster care under the responsibility of the state, the state must notify the child's foster parents, pre-adoptive parents and relatives providing care for the child whenever any proceeding is held with respect to the child.
(d) Guardian ad Litem. If a guardian ad litem has been appointed for a child, notice under Rule 15(a), (b), and (c) must be provided to the guardian ad litem.
Rule 15 was adopted effective March 1, 2010.
In these rules, the term "guardian ad litem" includes lay and attorney guardians ad litem.
Subdivision (c) was originally adopted as Rule 4.2 of the North Dakota Rules of Court on March 1, 2007. The language of Rule 4.2 was transferred to this rule effective March 1, 2010.
Subdivision (c) was a response to Public Law 109-239, which requires states receiving certain federal funds to have a foster parent notice rule. The requirement is codified at 42 U.S.C. § 629h(b)(1). Section 475 [42 U.S.C. § 675] requires that states provide a case review system under which foster parents, pre-adoptive parents, or relatives providing care for a child receive notice of proceedings and are given a right to be heard.
SOURCES: Juvenile Policy Board Minutes of February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007. Joint Procedure Committee Minutes of September 28-29, 2006. Joint Procedure Committee Minutes of May 21-22, 2009.
CONSIDERED: N.D.C.C. § 27-20-36.