Interest of R.K.
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| 20020013 |
IN THE INTEREST OF R.K., A CHILD
Vince Ament, Petitioner
v.
R.K. (Child), M.R. (Mother), Respondents
D.K. (Father), Respondent and Appellant
and
M.R. and P.R. (Grandparents), Intervenors and Appellees
|
| Appeal from: |
Juvenile Court,
Southeast Judicial District,
Stutsman County
Judge John E. Greenwood |
|
Nature of Action: |
Juvenile Law
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| Counsel: |
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| Term: |
05/2002 Argument: 05/28/2002 04:00pm
|
| ND cite: |
2002 ND 111
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| NW cite: |
646 N.W.2d 699
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| Issues: |
Appellant's Statement of the Issues:
I. Was it clearly erroneous for the juvenile court to fail to make specific findings of "exceptional circumstances" in deciding to place the minor child in the care of the grandparents over the natural father?
II. Even if there was evidence of "exceptional circumstances" to qualify the grandparents as "psychological parents", was it clearly erroneous for the juvenile court to place the minor child with the grandparents over the wishes of the natural
parent without any findings that the child should be placed with the psychological parents to prevent serious detriment to the welfare of the minor child?
Appellee's Statement of the Issues:
I.Was it clearly erroneous for the juvenile court to fail to make specific findings of "exceptional circumstances" in deciding to place the minor child in the care of the grandparents over the natural father?
II.Even if the standard of "exceptional circumstances" applies to the juvenile court, was it clearly erroneous for the juvenile court to place the minor child with the grandparents over the wishes of the natural parent without specific findings that
the child should be placed with the psychological parents to prevent serious harm or detriment to the welfare of the minor child?
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 Add Docket 20020013 RSS
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| 1 | | 01/15/2002 | |
NOTICE OF APPEAL: 01/11/2002 |
| 2 | | 01/15/2002 | |
ORDER FOR TRANSCRIPT: 01/11/2002 |
| 3 | | 02/07/2002 | |
RECORD ON APPEAL |
| 4 | | 02/07/2002 | |
TRANSCRIPT DATED December 11, 2001 |
| 5 | | 02/08/2002 | |
DISK - TRA of Dec. 11, 2001 |
| 6 | | 02/08/2002 | |
MOT. EXT/TIME TRANSCRIPT |
| 7 | | 02/08/2002 | |
ACTION BY TRIAL COURT. Granted: 03/22/2002 |
| 8 | | 03/05/2002 | |
Letter dated 3-04-04 from William A. Mackenzie informing us that he will not be filing a brief on |
| 9 | | 03/05/2002 | |
behalf of his former client(mother of R.K.). He also indicated his former client will rely upon |
| 10 | | 03/05/2002 | |
the arguments set forth by her parents' attorney, Ms. Schaar (DISTRIBUTE W/BRIEFS) |
| 11 | | 03/19/2002 | |
APPELLANT BRIEF |
| 12 | | 03/19/2002 | |
APPELLANT APPENDIX |
| 13 | | 03/20/2002 | |
DISK - ATB |
| 14 | | 03/28/2002 | |
Letter dated 3-26-02 from Aaron G. Birst, Asst. State's Attorney, informing us that Petitioner will |
| 15 | | 03/28/2002 | |
not be filing a brief nor making an appearance (DIST. W/BRIEFS) |
| 16 | | 04/18/2002 | |
APPELLEE BRIEF |
| 17 | | 04/19/2002 | |
DISK of AEB |
| 18 | | 04/19/2002 | |
MOTION to waive oral argument on behalf of AEs M.R. & P.R. (grandparents) letter dtd 4-18-02 |
| 19 | | 04/29/2002 | |
ACTION BY SUPREME COURT (Mot. to waive OA on behalf of AE). Granted |
| 20 | | 04/29/2002 | |
Request for Radio/TV Coverage (AP) (e-mail dated 4-29-02 from Dale Wetzel (APPROVED) |
| 21 | | 05/15/2002 | |
MOTION to Waive Oral Argument (AT) (Letter dated 5-14-02 from Rhonda R. Ehlis) |
| 22 | | 05/15/2002 | |
ACTION BY SUPREME COURT. granted |
| 23 | | 05/28/2002 | |
APPEARANCES: submitted on brief (Vol. Y; Page 1) |
| 24 | | 05/28/2002 | |
ARGUED: submitted on brief |
| 25 | | 07/11/2002 | |
DISPOSITION: REVERSED AND REMANDED |
| 26 | | 07/11/2002 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 27 | | 07/15/2002 | |
Order/Judgment Mailed to Parties |
| 28 | | 08/02/2002 | |
MANDATE |
| 29 | | 08/06/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 30 | | 06/17/2008 | |
EXPUNGED - Nonpermanent record items destroyed |