Interest of D.N., D.N., C.N., Children

20000234 In the Interest of D.N., D.N., and C.N., Children

Constance L. Cleveland, Petitioner and Appellee
v.
R.N., Father, D.N., Mother, Respondents and Appellants
and
D.N., D.N., and C.N., children,
and Mark A. Beauchene,
Guardian Ad Litem, Respondents

Appeal from: Juvenile Court, East Central Judicial District, Cass County
Judge Norman J. Backes
Nature of Action: Termination/Parental Rights
Counsel:
Appellant: Pro se
Appellee: Constance Louise Cleveland , Asst. State's Attorney
Guard. ad litem: Mark Anthony Beauchene
Appellant: Steven D. Mottinger
Term: 03/2001   Argument: 03/26/2001  2:45pm
ND cite: 2001 ND 71
NW cite: 624 N.W.2d 686

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Did the trial court err in determining that the father's disability detrimentally impacted the children?
2. Did the evidence establish clearly and convincingly that the children had suffered, or would probably suffer, serious physical, mental, moral, or emotional harm if parents' parental rights were not terminated?
3. Did the trial court err in determining that the state proved by clear and convincing evidence that the cause of deprivation of the children was likely to continue?

Appellee's Statement of the Issues:
Whether the petitioner has proven termination of parental rights is justified under n.d.c.c. 27-20-44.
A. Were the children "deprived children"
B. Is the deprivation likely to continue
C. Will there be harm to the children

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Docket entries:
108/15/2000 NOTICE OF APPEAL: 08/11/2000
208/15/2000 THIS CASE IS CONFIDENTIAL
308/15/2000 THIS CASE IS CONSOLIDATED W/20000235; MAKE ALL ENTRIES IN THIS CASE
409/12/2000 RECORD ON APPEAL
509/12/2000 The Record for #200000235 is entered in that case
609/20/2000 ORDER FOR TRANSCRIPT: 09/19/2000
709/20/2000 MOT. EXT/TIME APPELLANT BRIEF
805/04/2001 ACTION BY CHIEF JUSTICE (MPR). Granted: 05/21/2001
909/21/2000 ACTION BY CLERK (Approx. date - actual date 30 days after filing of Transcripts. Granted: 01/17/2001
1009/21/2000 CLERK'S SUPPLEMENTAL CERTIFICATE OF APPEAL (Entry #83)
1109/27/2000 TRANSCRIPT DATED MARCH 30, 2000
1209/28/2000 DISK - TRA 3-30-00
1310/10/2000 Clerk's Supp. (2) Cert. of ROA dated 10/9/00 (entry 84)
1410/11/2000 Transcript dated 10-1-99
1510/13/2000 DISK - TRA (10-1-99)
1611/09/2000 MOT. EXT/TIME TRANSCRIPT
1711/09/2000 ACTION BY TRIAL COURT. Granted: 12/18/2000
1812/04/2000 CLERK'S SUPPLEMENTAL CERTIFICATE OF APPEAL DATED NOVEMBER 30, 2000 (ENTRIES 86 THRU 92 & 94
1912/04/2000 not rec'd w/the Supplemental was #93 (Tape))
2012/18/2000 TRANSCRIPT DATED December 27, 1999 and December 28, 1999 - Vols. 1 & 2
2112/22/2000 DISK of TRA dated 12-27-99 and 12-28-99
2201/17/2001 APPELLANT BRIEF
2301/17/2001 APPELLANT APPENDIX
2401/18/2001 DISK of ATB
2501/23/2001 DISK - Corrected ATB
2602/20/2001 APPELLEE BRIEF
2702/20/2001 APPELLEE APPENDIX
2802/21/2001 DISK - AEB
2903/02/2001 Corrected table of authorities and corrected page 9 of AEB (inserted into AEB)
3003/02/2001 DISK (CORRECTED) - AEB
3103/26/2001 APPEARANCES: Steven D. Mottinger; Constance L. Cleveland
3203/26/2001 ARGUED: Mottinger; Cleveland (Vol. X; page 118)
3303/26/2001 ORAL ARGUMENT WEBCAST
3404/12/2001 DISPOSITION: AFFIRMED
3504/12/2001 UNANIMOUS OPINION: Maring, Mary Muehlen
3604/13/2001 Order/Judgment Mailed to Parties
3705/03/2001 Mot. Ext/Time Petition for Rehearing from AT w/ letter re Steven D. Mottinger agreeing
3805/03/2001 to discontinue representation of AT
3905/07/2001 Copy of Order to Withdraw as Counsel filed in trial court on May 3, 2001
4005/08/2001 Supplemental Clerk's Certificate dated 5-7-01 (Entry Nos. 96-100 (Not rec'd - #95--S.C. receipt)
4105/21/2001 PETITION FOR REHEARING of R.N. (father)
4205/21/2001 PETITION FOR REHEARING of D.N. (mother)
4305/23/2001 DISK - Petition for Rehearing (R.N., father)
4405/23/2001 DISK - Petition for Rehearing (D.N., mother) e-mailed
4506/08/2001 ACTION BY SUPREME COURT (PER - R.N., Father). Denied
4606/08/2001 ACTION BY SUPREME COURT (PER - D.N., Mother). Denied
4706/21/2001 MANDATE
4806/25/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4906/27/2007 EXPUNGED - Nonpermanent record items destroyed

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