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Committee adopts amendments to parental-time bill but later votes no on final passage

January 28, 2025 | Judiciary, Senate, Legislative, North Dakota


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Committee adopts amendments to parental-time bill but later votes no on final passage
The Judiciary Committee considered and amended Senate Bill 2184, a family-law measure affecting restoration of parenting time after false child-harm allegations, but later issued a "do not pass" recommendation on the amended measure.

Sponsor Sen. Paulson offered an amendment that replaces a "good cause" standard with "clear and convincing evidence" and narrows who may conduct an investigation: the Department of Health and Human Services (DHHS) or an equivalent investigatory agency in another state. Paulson said the change was developed with a family-law attorney and legislative counsel and also revised the remedy for an aggrieved parent: rather than allowing the parent to set make-up time, the court "shall give deference to the proposed additional parenting time schedule of the parent entitled to additional parenting time" when determining any additional parenting time.

Committee members questioned whether human service zones — the regional offices that often carry out child-protection investigations — should be named rather than DHHS, and witnesses said the zones operate under DHHS authority. Concerns were also raised about whether the amendment should restore explicit language about who may file on behalf of a deceased parent; witnesses and the sponsor said the filing process collects claimant identity information and the change was not intended to eliminate representatives' rights.

After amendment debate, Sen. Paulson moved a due-pass on SB 2184 as amended. That motion was seconded by Sen. Lueck. A roll call on the due-pass motion recorded several "no" votes and several "aye" votes; later, Sen. Brownberger moved a "do not pass" recommendation, which a subsequent roll call showed carried.

Committee discussion emphasized that the amendment shifts how courts review requests for additional parenting time and narrows the investigatory source to DHHS or an authorized out-of-state agency; members said they did not intend to change substantive rights to file claims or to create barriers for survivors but expressed concern about how investigations and remedies would work in practice.

The record shows the committee ultimately issued a "do not pass" recommendation on the amended SB 2184, so the measure will not advance from this committee in its current form.

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Scribe from Workplace AI
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