14-15-01. Definitions

14-15-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Abandon" means:

a. As to a parent of a child not in the custody of that parent, failure by the

noncustodial parent significantly without justifiable cause to:

(1) Communicate through physical contact or oral conversation with the child; or

(2) Provide for the care and support of the child as required by law.

b. As to a parent of a child in that parent's custody:

(1) To leave the child for an indefinite period without making firm and agreed

plans, with the child's immediate caregiver, for the parent's resumption of

physical custody;

(2) Following the child's birth or treatment at a hospital, to fail to arrange for the

child's discharge within ten days after the child no longer requires hospital

care; or

(3) To willfully fail to furnish food, shelter, clothing, or medical attention

reasonably sufficient to meet the child's needs.

2. "Adult" means an individual who is not a minor.

3. "Agency" means an entity licensed under chapter 50-12 to place minors for adoption.

4. "Child" means a son or daughter, whether by birth or adoption.

5. "Court" means the district court of this state, and when the context requires means the

court of any other state empowered to grant petitions for adoption.

6. "Department" means the department of health and human services.

7. "Genetic parent" means the biological mother or adjudicated mother of the adopted

child, or the presumed father or adjudicated father of the adopted child under chapter

14-20.

8. "Genetic sibling" means individuals with genetic relationship of sister, brother,

half-sister, or half-brother.

9. "Human service zone" means a county or consolidated group of counties

administering human services within a designated area in accordance with an

agreement or plan approved by the department.

10. "Identifying" includes full name, address, date of birth, telephone number, or anything

that may lead to the identity of any previously undisclosed individual.

11. "Investigation" includes information obtained regarding the child's history, a

preplacement adoption assessment of the prospective adoptive family, and an

evaluation of the child's placement in the adoptive home.

12. "Minor" means an individual under the age of eighteen years.

13. "Nonidentifying adoptive information" means:

a. Age of genetic parent in years at the birth of the adopted child.

b. Heritage of genetic parent.

c. Educational attainments, including the number of years of school completed by

genetic parent at the time of birth of the adopted child.

d. General physical appearance of genetic parent at the time of birth of the adopted

child, including the height, weight, color of hair, eyes, skin, and other information

of a similar nature.

e. Talents, hobbies, and special interests of genetic parents.

f. Existence of any other children born to either genetic parent.

g. Reasons for child being placed for adoption or for termination of parental right.

h. Religion of genetic parent.

i. Vocation of genetic parent in general terms.

j. Health history of genetic parents and blood relatives in a manner prescribed by

the department.

k. Such further information which, in the judgment of the agency, will not be

detrimental to the adoptive parent or the adopted individual requesting the

information, but the additional information may not identify genetic parents by

name or location.

14. "Relative" means any individual having the following relationship to the minor by

marriage, blood, or adoption: brother, sister, stepbrother, stepsister, first cousin, uncle,

aunt, or grandparent.

15. "Stepparent" means an individual who is married to a parent of a child who has not

adopted the child.