Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by FindLaw Staff
1. The court may order a party or a proposed guardian to submit to a chemical dependency, parental capacity, mental health, domestic violence, anger management, or other relevant evaluation by a suitably licensed or certified examiner. The court may request other persons having regular contact with the child submit to a chemical dependency, parental capacity, mental health, domestic violence, anger management, or other relevant evaluation by a suitably licensed or certified examiner. Failure to submit to an evaluation will be taken into consideration by the court.
2. The order may be made only on motion for good cause by a party or guardian ad litem, or on the court's own motion, and on notice to all parties and the person to be evaluated. The order must:
a. Specify the type of evaluation and the type of professional or entity to perform the evaluation;
b. Include the deadline for performing the evaluation;
c. Include the date by which the evaluation must be filed with the court; and
d. Specify the party that must pay the costs of the evaluation. If the party is unable to pay the costs, the court may direct the costs to be paid, in whole, or in part, by the county. The court may direct the party to reimburse the county, in whole or in part, for the payment.
3. The evaluation must be in writing and must set out in detail the evaluator's findings, including diagnoses, conclusions, and the results of any tests. The evaluator must file a copy with the court.
4. The evaluation reports and any addendums are confidential. The public or the parties may not read or copy the evaluation reports or addendums unless the court, in its discretion, gives permission. The guardian ad litem may read the evaluation reports and addendums but may not copy the evaluation reports and addendums unless the court, in its discretion, gives permission. A party, proposed guardian, or other person requested to submit to an evaluation by the court under this section is entitled to a copy of the report of evaluation and any addendum, upon request.
Cite this article: FindLaw.com - North Dakota Century Code Title 27. Judicial Branch of Government § 27-20.1-21. Orders for evaluation - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-27-judicial-branch-of-government/nd-cent-code-sect-27-20-1-21/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)