1. The court shall determine based on the petition under section 14-09.4-06 whether the nonparent has pleaded a prima facie case that the nonparent: a. Is a consistent caretaker; or b. Has a substantial relationship with the child and denial of custody or visitation would result in harm to the child.

2. If the court determines under subsection 1 the nonparent has not pleaded a prima facie case, the court shall dismiss the petition.