North Dakota Century Code Title 50. Public Welfare § 50-25.3-03. Petition for visitation

1. A family member, friend, or clergy member who has had visitation unreasonably or arbitrarily denied or restricted by a caregiver may file with the district court located in the county wherein the vulnerable adult resides a petition to compel visitation.

2. The petition must state:

3. The court shall fix a time and place for hearing the petition. At least twenty days before the date of hearing, the petitioner shall provide to the caregiver, vulnerable adult, and other interested parties notice of the filing of the petition and of the time and place of hearing.

4. The court shall conduct an in-camera interview of the vulnerable adult to determine the wishes of the vulnerable adult. The in-camera interview may be on the record. The court shall give deference to the vulnerable adult's preference in making decisions.

5. The court may not issue an order compelling visitation if the court finds the vulnerable adult, while having the capacity to evaluate and communicate decisions regarding visitation, expresses a desire to not have visitation with the petitioner.

6. If the court grants the petition for visitation, the court may impose conditions on visitation between the petitioner and the vulnerable adult after consultation with the vulnerable adult and based on the minimum visitation necessary to allow the vulnerable adult to maintain maximum self-reliance and independence. The petitioner is responsible for paying costs associated with the visitation, including transportation and supervision costs. Visitation may not occur in a manner that negatively impacts the medical or treatment needs of the vulnerable adult.

7. The court may prohibit contact between the petitioner and the vulnerable adult when contact is not in the best interest of the vulnerable adult.

8. The court shall impose the cost of filing the petition for visitation and reasonable attorney's fees incurred by the petitioner on the caregiver, if the court finds during a hearing under this section that:

9. The court may not impose costs or fees under subsection 6 on the vulnerable adult or a caregiver that in good faith denied or restricted visitation to a family member, friend, or clergy member. Costs, fees, or other sanctions imposed under subsection 6 may not be paid from the vulnerable adult's finances or estate.