Interest of D.Q.

20020078 In the Interest of D.Q., D.M., S.S., and C.W., Children

Constance L. Cleveland, Petitioner and Appellee
v.
Director, Cass County Social
Services, S.S., L.Q., E.M., J.W.,
D.Q., C.W., Respondents
----------
D.M., S.S., and Benjamin Thomas,
Guardian Ad Litem, Respondents and Appellees
and
S.S., Respondent and Appellant

Appeal from: Juvenile Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Juvenile Law
Counsel:
Appellee: Constance Louise Cleveland , Asst. State's Attorney
Appellant: C Charles Chinquist
Appellee: Benjamin Eugene Thomas
Term: 09/2002   Argument: 09/05/2002  1:30pm
ND cite: 2002 ND 188
NW cite: 653 N.W.2d 713

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
ISSUE I. The District Judge erred in the Standard of Review utilized by her in reviewing the Findings of the judicial referee.
A. This court, pursuant to the standard of de novo review, is required to give appreciable weight to the Findings of the judicial referee.
ISSUE II. Whether current or continuing deprivation as to the children was proven by clear and convincing evidence.
ISSUE III. Whether termination of parental rights as to one child is warranted.

Reply Brief Issues:
Issue I. The district judge erred in the standard of review utilized by her in reviewing the findings of the judicial referee.
A. This court, pursuant to the standard of de novo review, is required to give appreciable weight to the findings of the judicial referee.
Issue II. Whether current or continuing deprivation as to the children was proven by clear and convincing evidence.
Issue III. Whether termination of parental rights as to one child is warranted.

Appellee's Statement of the Issues:
I. Whether the district court judge erred in the review and reversal of the referee's decision.
II. Whether the petitioner has proven, pursuant to N.D.C.C. 27-20-26(4) that the order placing D.Q.. and D.M. in the custody of Cass County Social Services should be extended.
A. Were the children "deprived children"
B. Were the aims and goals of the prior order met
III. Whether the petitioner has proven termination of parental rights is justified under N.D.C.C. 27-20-44.
A. Was the child a "deprived child"
B. Is the deprivation likely to continue
C. Will there be harm to the child

Appellee's Statement of the Issues:
Issue I. The district court applied the proper standard of review to the juvenile court's decision.
Issue II: The evidence at trial demonstrates, by clear and convincing evidence, that D.M. and S.S. are deprived children.
Issue III: The State has met its burden of proof for terminating the mother's parental rights to the child, S.S.
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Docket entries:
103/21/2002 NOTICE OF APPEAL: 03/20/2002
203/21/2002 ORDER FOR TRANSCRIPT: 03/20/2002
303/21/2002 This matter is consolidated with 20020079; make all entries except DIS and MAN in this case
403/28/2002 Letter dated March 28, 2002 from Charles Chinquist that he is court-appointed therefore no
503/28/2002 no filing fee is required.
604/19/2002 TRANSCRIPT DATED 8-16-01 & 8-17-01 (2 vols.)
704/22/2002 DISK - (TRA)(8-16-01 & 8-17-01)(e-mailed)
804/22/2002 RECORD ON APPEAL (3 VOLS.), EXHIBITS, & TRANSCRIPTS (5) (Not rec'd: 14,31,35,57,58,76,80,82,85,88
904/22/2002 (Steno Notes) and 41,44,47,51,63,111,116,122,175,197 (Tapes)
1004/22/2002 (ROA IN 20020079 ENTERED AS ROA CODE IN THAT CASE)
1104/29/2002 Faxed letter from Charles Chinquist dated 4-29-02 RE: Transcript matters
1204/30/2002 Letter dated 4-29-02 from Charles Chinquist (re TRA)
1305/16/2002 TRANSCRIPT DATED August 15, 2001
1405/16/2002 DISK of TRA dated 8-15-01 (electronically transmitted)
1506/25/2002 MOT. EXT/TIME APPELLANT BRIEF; AFF. OF CHARLES CHINQUIST IN SUPPORT OF MOTION
1606/25/2002 ACTION BY CHIEF DEPUTY CLERK (MAT). Granted: 06/27/2002
1706/27/2002 APPELLANT BRIEF
1806/27/2002 APPELLANT APPENDIX
1907/09/2002 DISK - ATB
2007/09/2002 Corrected signature page for ATB and corrected cover pages for ATB & ATA
2107/19/2002 Faxed letter dated 7-19-02 from Benjamin E. Thomas, Guardian Ad Litem, stating he doesn't intend to
2207/19/2002 be present at OA unless required by the Court
2307/29/2002 APPELLEE BRIEF
2407/29/2002 APPELLEE APPENDIX
2507/30/2002 DISK - AEB
2607/30/2002 APPELLEE BRIEF (Guardian Ad Litem for D.M. and S.S., Children)
2707/31/2002 DISK - AE1 (Guardian Ad Litem)
2808/09/2002 Table of Contents for AEA
2908/15/2002 REPLY BRIEF of Appellant
3008/16/2002 DISK - RYB
3108/20/2002 ACTION BY CHIEF JUSTICE (Guardian Ad Litem's request to waive OA on behalf of Appellees D.M. & S.S.. Granted
3209/05/2002 APPEARANCES: C. Charles Chinquist (present also was his legal assistant Jodie Schreier);
3309/05/2002 Constance L. Cleveland
3409/05/2002 ARGUED: Chinquist; Cleveland (Vol Y; Page 19)
3509/05/2002 ORAL ARGUMENT WEBCAST
3610/09/2002 APPLICATION TO GRANT A STAY, BRIEF IN SUPPORT AND ATTACHMENTS (Fax)
3710/09/2002 ACTION BY SUPREME COURT (Application to Grant Stay). Granted
3810/09/2002 Order of Limited Remand Mailed to Parties
3910/10/2002 Original of previously faxed Application to Grant at Stay, Brief in Support and Attachments
4010/18/2002 Supplemental Clerk's Certificate dated 10-17-02 (Entry Nos. 213 through 225)
4110/18/2002 (Supplemental Clerk's Certificate in 20020079 is entered as STA code in 20020079)
4212/04/2002 DISPOSITION: AFFIRMED
4312/04/2002 SPLIT OPINION: VandeWalle, Gerald W.
4412/04/2002 Concur Specially: Neumann, William A.: CONCUR
4512/05/2002 Order/Judgment Mailed to Parties
4612/26/2002 MANDATE
4712/31/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4807/14/2008 EXPUNGED - Nonpermanent record items destroyed

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