Interest of T.F. | ||||||||||
| 20030236 |
In the Interest of T.F. and T.F., Children
---------------- Stuart A. Larson, Petitioner and Appellee v. Director, Traill County Social Services, J.F., N.K., T.F., T.F., and Jared Simonson, Guardian ad Litem, Respondents ------------------ J.F., Respondent and Appellant | |||||||||
| Appeal from: |
Juvenile Court,
East Central Judicial District,
Traill County
Referee Janice B. Johnson | |||||||||
| Nature of Action: | Termination/Parental Rights | |||||||||
| Counsel: |
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| Term: | 04/2004  Argument: 04/08/2004 01:30pm | |||||||||
| ND cite: | 2004 ND 126 | |||||||||
| NW cite: |
681 N.W.2d 786
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 of deprivation and that such 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 Petitioner's failure to meet its burden of proof as to continuing deprivation and likely harm preclude justifying the termination on the court's finding that the children were in foster care for 450 of the prior 660 days before trial. Appellee's Statement of the Issues: I. Whether the trial court erred in finding and convincing evidence to support deprivation and that such deprivation continue. II. Whether the evidence supports the finding: Indian Child Welfare Act [the ICWA] tha reasonable doubt that the children would harm absent a termination of parental rights. III. Whether, as required by the ICWA, there convincing evidence to support a finding that active efforts were made to preserve this Indian family. IV. Whether the Petitioner's failure to meet its burden of proof as to continuing deprivation and likely harm preclude justifying the termination on the court's finding that the children were in foster care for 450 of the prior 660 days before trial. | |||||||||
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| 1 | 08/13/2003 | NOTICE OF APPEAL: 08/11/2003 | ||
| 2 | 08/13/2003 | THIS CASE IS CONFIDENTIAL | ||
| 3 | 08/13/2003 | ORDER FOR TRANSCRIPT: 08/11/2003 | ||
| 4 | 09/10/2003 | RECORD ON APPEAL | ||
| 5 | 09/26/2003 | MOT. EXT/TIME TRANSCRIPT | ||
| 6 | 09/26/2003 | ACTION BY TRIAL COURT (MTR). Granted: 11/10/2003 | ||
| 7 | 11/06/2003 | MOT. EXT/TIME TRANSCRIPT (e-mailed memo dated 11-6-03 from Vicky Matthys) | ||
| 8 | 11/06/2003 | E-FILED MOTION (MTR) | ||
| 9 | 11/06/2003 | ACTION BY CLERK. Granted: 12/10/2003 | ||
| 10 | 11/10/2003 | Supplemental Clerk's Certificate dated 11-7-03 (Entry Nos. 27 - 32) | ||
| 11 | 12/09/2003 | TRANSCRIPTS DATED 12-18-02, 2-26-03, 3-26-03, 5-15-03, & 6-9-03 (5 vols.) | ||
| 12 | 12/09/2003 | DISK - TRA (12-18-02, 2-26-03, 3-26-03, 5-15-03, & 6-9-03) (e-filed) | ||
| 13 | 01/20/2004 | APPELLANT BRIEF | ||
| 14 | 01/20/2004 | APPELLANT APPENDIX | ||
| 15 | 01/27/2004 | Corrected front covers for ATB and ATA | ||
| 16 | 01/27/2004 | DISK - corrected ATB | ||
| 17 | 02/23/2004 | APPELLEE BRIEF | ||
| 18 | 02/27/2004 | DISK - AEB | ||
| 19 | 03/17/2004 | SECOND SUPPLEMENTAL CLERK'S CERTIFICATE DATED MARCH 15, 2004 (Entries 33 & 34) | ||
| 20 | 04/08/2004 | APPEARANCES: Douglas W. Nesheim; Stuart A. Larson | ||
| 21 | 04/08/2004 | ARGUED: Nesheim; Larson (Vol. Y; Page 227) | ||
| 22 | 04/08/2004 | ORAL ARGUMENT WEBCAST | ||
| 23 | 06/30/2004 | DISPOSITION: AFFIRMED | ||
| 24 | 06/30/2004 | SPLIT OPINION: Maring, Mary Muehlen | ||
| 25 | 06/30/2004 | (CONCUR OR SPECIALLY): Sandstrom, Dale V.: CONCUR | ||
| 26 | 06/30/2004 | (JOIN CONCUR SPECIALLY): Kapsner, Carol Ronning: JN/CON | ||
| 27 | 06/30/2004 | (CONCUR SPECIALLY): Neumann, William A.: CONCUR | ||
| 28 | 07/01/2004 | Judgment Mailed to Parties | ||
| 29 | 07/22/2004 | MANDATE | ||
| 30 | 07/29/2004 | Corrected Opinion Page 3 | ||
| 31 | 07/26/2004 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | ||
| 32 | 11/16/2010 | EXPUNGED - Nonpermanent record items destroyed |