Interest of A.L. and J.L.
Interest of A.L. and J.L., children
Constance L. Cleveland, Petitioner and Appellee
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
East Central Judicial District,
Judge Lawrence A. Leclerc
|Nature of Action:||Termination/Parental Rights|
|Term:||01/2001  Argument: 01/18/2001 1:30pm|
|ND cite:||2001 ND 59|
623 N.W.2d 418
Listen to recording of oral argument in MP3 format
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.
|Add Docket 20000217 RSS|
|1||08/01/2000||NOTICE OF APPEAL: 07/14/2000|
|2||08/01/2000||THIS CASE IS CONSOLIDATED W/20000218-20000220; MAKE ALL ENTRIES EXCEPT DIS. IN THIS CASE|
|3||08/01/2000||ORDER FOR TRANSCRIPT (filed in 20000219): 07/27/2000|
|4||08/01/2000||TRANSCRIPT DATED MARCH 31, 2000 (VOL. II)|
|5||08/01/2000||DISK - TRA of March 31, 2000 Vol. II|
|6||08/15/2000||RECORD ON APPEAL not forwarded with the record were Entry No. 9 (Steno Notes), 11 (Tape), 44, and|
|7||08/15/2000||48 (Steno Notes)|
|8||08/15/2000||The docket entry for the Record on Appeal in case #JV-98-0335 was made in our case #20000218|
|9||08/29/2000||Supplemental Clerk's Certificate dated 8-28-00 (Entry Nos. 54 & 55) Docket entry for Supplemental|
|10||08/29/2000||Clerk's Certificate in JV-98-0335 was made in our case #20000218|
|11||09/13/2000||TRANSCRIPT DATED March 30, 2000 (original was filed with Record on 8-15-00)|
|12||09/14/2000||DISK - TRA (3-30-00)|
|13||10/19/2000||APPELLANT BRIEF (R.L.)|
|14||10/19/2000||APPELLANT APPENDIX (R.L.)|
|15||10/20/2000||DISK - (ATB - R.L.)|
|16||10/20/2000||APPELLANT BRIEF (C.P.)|
|17||10/23/2000||DISK - (ATB --C.P.)|
|18||10/27/2000||Orig. & 8 cc of corrected TOA, pgs. 15 & 16, and corrected disk|
|19||11/28/2000||MOT. EXT/TIME APPELLEE BRIEF and Affidavit in Support|
|20||11/28/2000||ACTION BY CLERK (w/understanding oral arguments will be scheduled for January 2001). Granted: 12/06/2000|
|21||12/12/2000||Affidavit of Mailing (MAE)|
|23||12/12/2000||DISK - AEB|
|24||01/18/2001||APPEARANCES: Jared S. Simonson; Steven D. Mottinger; Constance L. Cleveland|
|25||01/18/2001||ARGUED: Simonson; Mottinger; Cleveland (Vol. X; page 105)|
|26||01/18/2001||ORAL ARGUMENT WEBCAST|
|27||02/05/2001||Ltr from R.L. dated 02-01-01|
|29||03/20/2001||UNANIMOUS OPINION: Sandstrom, Dale V.|
|30||03/21/2001||Order/Judgment Mailed to Parties|
|31||04/06/2001||Clerk's Supplemental Cert. of ROA dated April 5, 2001, with entries 55-67 attached|
|33||04/19/2001||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|34||06/25/2007||EXPUNGED - Nonpermanent record items destroyed|