Interest of A.L. and J.L.

20000217 Interest of A.L. and J.L., children

Constance L. Cleveland, Petitioner and Appellee
v.
Director, Cass County Social
Services, R.L., C.P., A.L.,
J.L., and Benjamin Thomas,
Guardian ad Litem, Respondents
----------------
C.P., Respondent and Appellant

Appeal from: Juvenile Court, East Central Judicial District, Cass County
Judge Lawrence A. Leclerc
Nature of Action: Termination/Parental Rights
Counsel:
Appellant: Jared Sharp Simonson
Appellee: Constance Louise Cleveland , Asst. State's Attorney
Term: 01/2001   Argument: 01/18/2001  1:30pm
ND cite: 2001 ND 59
NW cite: 623 N.W.2d 418

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:

R.L.'s Statement of Issues

1. Did the trial court err in determining that the deprivation was likely to continue?


C.P.'s Statement of Issues

I. Whether the trial court improperly denied a determination of the minor children's Indian child status and eligibility pursuant to the Indian Child Welfare Act.
II. Whether the referee's findings and decision to terminate C.P.'s parental rights is supported by the evidence.
III. Whether the referee's determination that the children are adoptable and that the termination of C.P.'s parental rights was in the children's best interest is supported by the evidence.

Appellee's Statement of the Issues:
I. Whether the trial court properly proceeded with the trial despite the assertion that the children were subject to the indian child welfare act.
Ii. Whether the petitioner has proven termination of the parental rights was justified under N.D.C.C. 27-20-44
Iii. Whether the court properly determined that the children were adoptable.

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Docket entries:
108/01/2000 NOTICE OF APPEAL: 07/14/2000
208/01/2000 THIS CASE IS CONSOLIDATED W/20000218-20000220; MAKE ALL ENTRIES EXCEPT DIS. IN THIS CASE
308/01/2000 ORDER FOR TRANSCRIPT (filed in 20000219): 07/27/2000
408/01/2000 TRANSCRIPT DATED MARCH 31, 2000 (VOL. II)
508/01/2000 DISK - TRA of March 31, 2000 Vol. II
608/15/2000 RECORD ON APPEAL not forwarded with the record were Entry No. 9 (Steno Notes), 11 (Tape), 44, and
708/15/2000 48 (Steno Notes)
808/15/2000 The docket entry for the Record on Appeal in case #JV-98-0335 was made in our case #20000218
908/29/2000 Supplemental Clerk's Certificate dated 8-28-00 (Entry Nos. 54 & 55) Docket entry for Supplemental
1008/29/2000 Clerk's Certificate in JV-98-0335 was made in our case #20000218
1109/13/2000 TRANSCRIPT DATED March 30, 2000 (original was filed with Record on 8-15-00)
1209/14/2000 DISK - TRA (3-30-00)
1310/19/2000 APPELLANT BRIEF (R.L.)
1410/19/2000 APPELLANT APPENDIX (R.L.)
1510/20/2000 DISK - (ATB - R.L.)
1610/20/2000 APPELLANT BRIEF (C.P.)
1710/23/2000 DISK - (ATB --C.P.)
1810/27/2000 Orig. & 8 cc of corrected TOA, pgs. 15 & 16, and corrected disk
1911/28/2000 MOT. EXT/TIME APPELLEE BRIEF and Affidavit in Support
2011/28/2000 ACTION BY CLERK (w/understanding oral arguments will be scheduled for January 2001). Granted: 12/06/2000
2112/12/2000 Affidavit of Mailing (MAE)
2212/11/2000 APPELLEE BRIEF
2312/12/2000 DISK - AEB
2401/18/2001 APPEARANCES: Jared S. Simonson; Steven D. Mottinger; Constance L. Cleveland
2501/18/2001 ARGUED: Simonson; Mottinger; Cleveland (Vol. X; page 105)
2601/18/2001 ORAL ARGUMENT WEBCAST
2702/05/2001 Ltr from R.L. dated 02-01-01
2803/20/2001 DISPOSITION: AFFIRMED
2903/20/2001 UNANIMOUS OPINION: Sandstrom, Dale V.
3003/21/2001 Order/Judgment Mailed to Parties
3104/06/2001 Clerk's Supplemental Cert. of ROA dated April 5, 2001, with entries 55-67 attached
3204/16/2001 MANDATE
3304/19/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3406/25/2007 EXPUNGED - Nonpermanent record items destroyed

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