North Dakota Century Code Title 27. Judicial Branch of Government § 27-20.1-07. Procedure upon filing of petition

1. A supporting affidavit establishing the basis for the guardianship under subdivision n of subsection 2 of section 27-20.1-06, and that the guardianship is in the best interest of the child, must be filed with the petition. Where a child in need of protection is alleged under paragraph 4 of subdivision n of subsection 2 of section 27-20.1-06, the petition must contain sufficient statements to establish a child in need of protection unless the child has resided in the home of the proposed guardian for at least one year before the filing date of the petition.

2. A petition under this chapter must be reviewed by the court to determine whether the contents of the petition comply with section 27-20.1-06.

3. If a petition alleges a child in need of protection, the petition will be reviewed by the court to determine whether there has been a sufficient showing of a child in need of protection.

4. If the petitioner has made an insufficient showing of a child in need of protection, the court, without oral argument or an evidentiary hearing shall issue an order denying the petition. If the petitioner has made a sufficient showing of a child in need of protection justifying a guardianship, the court shall set a date for an evidentiary hearing.