ORDER 34. REVIEW OF GUARDIANSHIPS OF CHILDREN - PROCESS

Section 1. Purpose.

This order implements N.D.C.C. § 27-20.1-17(3), which requires the supreme court to provide by rule or order for the regular review of minor guardianships in existence on August 1, 2019.  Prior to the enactment of chapter 27-20.1, all minor guardianships were established under either chapter 27-20 or chapter 30.1-27. The review is the antecedent corollary of the prospective regular review of minor guardianships established under chapter 27-20.1 on or after August 1, 2019, for purposes of ensuring that the best interests of the minor child are adequately served by guardianships established by the courts.

Section 2. Identification of Guardianship of Minor Cases.

The state court administrator, in coordination with the director of the information technology department, will identify active guardianships of minors established under chapters 27-20 and 30.1-27 in existence on August 1, 2019, in each judicial district. The state court administrator will notify each unit administrator of guardianships established in the respective judicial districts.

Section 3. Implementation of Review.

Each unit administrator, in consultation with the presiding judge of each judicial district in the administrative unit, will establish a process of case assignment and review of guardianships established under chapters 27-20 and 30.1-27 in existence on August 1, 2019, in each judicial district. The process must consider judicial workload, availability of judges, hearing schedules, the age of the minor guardianship cases, and other relevant factors to ensure the orderly review of existing minor guardianships. The following elements must be included in the review process:

(a) Reviews of minor guardianships established under chapters 27-20 and 30.1-27 in existence on August 1, 2019, must be completed in three years.

(b) At least one-third of existing guardianships must be reviewed each year.

(c) Reviews must begin with the earliest established guardianships and proceed to review of later established guardianships.

Section 4. Review Result.

Following review of each guardianship, the court must determine whether the existing guardianship will be continued, a new guardian appointed, or the guardianship terminated. An expiration date will be included in each guardianship reviewed.

Section 5. Effective Date.

This order is effective April 1, 2021.