North Dakota Century Code Title 27. Judicial Branch of Government § 27-20.6-11. Hearing

a. Re-establishment of the legal parent and child relationship is in the child's best interests;

b. There is no pending litigation or appeal pertaining to the original termination of parental rights proceeding;

c. The genetic parent whose rights are sought to be re-established is not named in any other active juvenile court case;

d. The child has not been adopted;

e. The child is not the subject of a written adoption placement agreement between the responsible social services agency and the prospective adoptive parent;

f. At least twelve months have elapsed following a final order terminating parental rights and the child remains in foster care;

g. The genetic parent has corrected the condition that led to the order terminating parental rights; and

h. The genetic parent is willing and has the capability to provide day-to-day care and maintain the health, safety, and welfare of the child.