Interest of J.P. and D.P.
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| 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
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| Appeal from: |
Juvenile Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
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Nature of Action: |
Juvenile Law
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| Counsel: |
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| Term: |
11/2003 Argument: 11/19/2003 01:30pm
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| ND cite: |
2004 ND 25
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| NW cite: |
674 N.W.2d 273
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 04/21/2003 | |
NOTICE OF APPEAL: 04/17/2003 |
| 2 | | 04/21/2003 | |
ORDER FOR TRANSCRIPT: 04/17/2003 |
| 3 | | 04/21/2003 | |
This case is consolidated w/20030118. Make all docket entries, except disposition, in this case. |
| 4 | | 04/23/2003 | |
TRANSCRIPTS DATED July 30, 2002 and August 22, 2002 |
| 5 | | 04/24/2003 | |
DISK - TRA's of July 30, 2002 and August 22, 2002 (e-mailed) |
| 6 | | 05/20/2003 | |
RECORD ON APPEAL (2 volumes)(not recieved - court reporter steno notes) |
| 7 | | 05/20/2003 | |
RECORD ON APPEAL Case No. 20030118(not received-court reporter steno notes and tapes) |
| 8 | | 06/04/2003 | |
TRANSCRIPTS DATED June 25, 2002, September 23, 2002, October 11, 2002, December 12 & 13, 2002 |
| 9 | | 06/04/2003 | |
(December 13 begins on page 139), and January 24, 2003 |
| 10 | | 06/04/2003 | |
DISK - TRA of 6-25-02, 9-23-02, 10-11-02, 12-12&13-02, & 1-24-03 (E-mailed) |
| 11 | | 07/14/2003 | |
APPELLANT BRIEF |
| 12 | | 07/14/2003 | |
APPELLANT APPENDIX |
| 13 | | 07/22/2003 | |
Corrected covers for ATB & ATA |
| 14 | | 07/22/2003 | |
DISK - atb |
| 15 | | 08/16/2003 | |
APPELLEE BRIEF |
| 16 | | 08/16/2003 | |
DISK - AEB (e-mailed) |
| 17 | | 08/19/2003 | |
Corrected cover letter for AEB |
| 18 | | 11/19/2003 | |
APPEARANCES: Douglas W. Nesheim, K.B.; Susan L. Bailey |
| 19 | | 11/19/2003 | |
ARGUED: Nesheim; Bailey (Vol. Y; Page 173) |
| 20 | | 11/19/2003 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 01/20/2004 | |
MOTION FOR Remand for Review of Custody and Brief in Support |
| 22 | | 01/20/2004 | |
NO ACTION TAKEN (Motion for remand for review of Custody and Brief in Support) |
| 23 | | 01/28/2004 | |
DISPOSITION: AFFIRMED |
| 24 | | 01/28/2004 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 25 | | 01/29/2004 | |
Judgment Mailed to Parties |
| 26 | | 02/19/2004 | |
MANDATE |
| 27 | | 02/20/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 28 | | 06/28/2010 | |
EXPUNGED - Nonpermanent record items destroyed |