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Emergency Guardianships of Children in North Dakota Juvenile Court

You may use these forms if:

  1. You are a person interested in the child’s welfare and want to be appointed the emergency guardian for the child; AND
  2. The child’s circumstances make using the non-emergency guardianship appointment process likely to result in substantial harm to the child’s health, safety, or welfare; AND
  3. One of the following statements must be true:
    • Both parents are deceased or the surviving parent's rights have been terminated by a previous court order, but there’s been no appointment of a guardian for the child by will; or
    • Both parents are deceased or the surviving parent's rights have been terminated by a previous court order and a North Dakota state district court transferred the case to juvenile court without appointing a guardian for the child; or
    • Both parents are deceased or the surviving parent's rights have been terminated by a previous court order and the guardian nominated for the child in the deceased parent’s will failed to accept the appointment; or
    • The parents have consented to the appointment of the emergency guardian for the child in writing by affidavit; or
    • All parental rights have been previously terminated by court order; or
    • The child is a child in need of protection as defined under N.D.C.C. Section 27-20.1-01.

A Juvenile Court hearing is required for ALL emergency guardianships.

If you petition for appointment of an emergency guardian (guardian appointed after the hearing is held), the hearing on the appropriateness of the emergency guardianship must be held within 96 hours after you file your petition for emergency guardianship.

If you petition for an ex-parte appointment of an emergency guardian (guardian appointed before the hearing is held), the hearing on the appropriateness of the emergency guardianship must be held within 96 hours after the ex-parte appointment of the emergency guardian.

Emergency Guardianships last NO MORE THAN 60 DAYS from the date of the hearing.

However, the Juvenile Court Judge or Judicial Referee may extend the emergency guardianship for up to 6 months. 

IMPORTANT: ND Legal Self Help Center staff and court employees are not allowed to give legal advice and can’t help you create legal documents or complete any forms. If you’re unsure how to proceed, consult an attorney.

Emergency Guardianship Instructions and Forms

After the petition is accepted for filing, a hearing is held within 96 hours to decide whether an emergency guardian should be appointed for the minor child.

COMING SOON Ex-Parte Emergency Guardianship Instructions and Forms

A court hearing is required for ALL emergency guardianships.  However, in rare circumstances, an emergency guardian may be appointed BEFORE holding the required hearing.  This is called an ex-parte appointment of an emergency guardian.

A Juvenile Court Judge or Judicial Referee may appoint an ex-parte emergency guardian only when the petition shows, in writing, that the child will be substantially harmed before a hearing can be held. 

If you don’t understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.

The information provided on and obtained from this site doesn’t constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court isn’t liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county.