Interest of J.P. and D.P.

20030117 In the Interest of J.P. and D.P., Children
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Ruby Knoll, L.S.W., Petitioner and Appellee
v.
K.B., Respondent and Appellant
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P.P., J.P., D.P.,
Three Affiliated Tribes,
and Monty Mertz,
Guardian ad Litem, Respondents

Appeal from: Juvenile Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Juvenile Law
Counsel:
Appellant: Douglas W. Nesheim
Appellee: Susan Lynne Bailey , Asst. State's Attorney
Term: 11/2003   Argument: 11/19/2003  1:30pm
ND cite: 2004 ND 25
NW cite: 674 N.W.2d 273

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the trial court erred in finding there was clear and convincing evidence to support a finding that the deprivation was likely to continue.
II. Whether the evidence supports the finding required by the Indian Child Welfare Act [the ICWA] that there is no reasonable doubt that the children would likely suffer harm absent a termination of parental rights.
III. Whether, as required by the ICWA, there was clear and convincing evidence to support a finding that active efforts were made to preserve this Indian family.
IV. Whether the district court erred in deciding that the termination was justified because the child had been placed outside the home for 450 of the previous 660 days.

Appellee's Statement of the Issues:
I. Whether there was clear and convincing evidence to support finding that deprivation was likely to continue and that active efforts were made to preserve this family.
II. Whether there was evidence beyond a reasonable doubt to support finding that the children would likely suffer harm absent a termination of parental rights.
III. Whether a finding of deprivation coupled with a determination that the children have been in foster care for at least 450 out of the previous 660 nights is a sufficient alternative basis upon which to terminate parental rights under North Dakota law.

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Docket entries:
104/21/2003 NOTICE OF APPEAL: 04/17/2003
204/21/2003 ORDER FOR TRANSCRIPT: 04/17/2003
304/21/2003 This case is consolidated w/20030118. Make all docket entries, except disposition, in this case.
404/23/2003 TRANSCRIPTS DATED July 30, 2002 and August 22, 2002
504/24/2003 DISK - TRA's of July 30, 2002 and August 22, 2002 (e-mailed)
605/20/2003 RECORD ON APPEAL (2 volumes)(not recieved - court reporter steno notes)
705/20/2003 RECORD ON APPEAL Case No. 20030118(not received-court reporter steno notes and tapes)
806/04/2003 TRANSCRIPTS DATED June 25, 2002, September 23, 2002, October 11, 2002, December 12 & 13, 2002
906/04/2003 (December 13 begins on page 139), and January 24, 2003
1006/04/2003 DISK - TRA of 6-25-02, 9-23-02, 10-11-02, 12-12&13-02, & 1-24-03 (E-mailed)
1107/14/2003 APPELLANT BRIEF
1207/14/2003 APPELLANT APPENDIX
1307/22/2003 Corrected covers for ATB & ATA
1407/22/2003 DISK - atb
1508/16/2003 APPELLEE BRIEF
1608/16/2003 DISK - AEB (e-mailed)
1708/19/2003 Corrected cover letter for AEB
1811/19/2003 APPEARANCES: Douglas W. Nesheim, K.B.; Susan L. Bailey
1911/19/2003 ARGUED: Nesheim; Bailey (Vol. Y; Page 173)
2011/19/2003 ORAL ARGUMENT WEBCAST
2101/20/2004 MOTION FOR Remand for Review of Custody and Brief in Support
2201/20/2004 NO ACTION TAKEN (Motion for remand for review of Custody and Brief in Support)
2301/28/2004 DISPOSITION: AFFIRMED
2401/28/2004 UNANIMOUS OPINION: Kapsner, Carol Ronning
2501/29/2004 Judgment Mailed to Parties
2602/19/2004 MANDATE
2702/20/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2806/28/2010 EXPUNGED - Nonpermanent record items destroyed

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