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:
Appellant: Steven D. Mottinger
Appellee: Stuart A. Larson , State's Attorney
Appellant: Douglas W. Nesheim
Term: 04/2004   Argument: 04/08/2004  1:30pm
ND cite: 2004 ND 126
NW cite: 681 N.W.2d 786

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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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Docket entries:
108/13/2003 NOTICE OF APPEAL: 08/11/2003
208/13/2003 THIS CASE IS CONFIDENTIAL
308/13/2003 ORDER FOR TRANSCRIPT: 08/11/2003
409/10/2003 RECORD ON APPEAL
509/26/2003 MOT. EXT/TIME TRANSCRIPT
609/26/2003 ACTION BY TRIAL COURT (MTR). Granted: 11/10/2003
711/06/2003 MOT. EXT/TIME TRANSCRIPT (e-mailed memo dated 11-6-03 from Vicky Matthys)
811/06/2003 E-FILED MOTION (MTR)
911/06/2003 ACTION BY CLERK. Granted: 12/10/2003
1011/10/2003 Supplemental Clerk's Certificate dated 11-7-03 (Entry Nos. 27 - 32)
1112/09/2003 TRANSCRIPTS DATED 12-18-02, 2-26-03, 3-26-03, 5-15-03, & 6-9-03 (5 vols.)
1212/09/2003 DISK - TRA (12-18-02, 2-26-03, 3-26-03, 5-15-03, & 6-9-03) (e-filed)
1301/20/2004 APPELLANT BRIEF
1401/20/2004 APPELLANT APPENDIX
1501/27/2004 Corrected front covers for ATB and ATA
1601/27/2004 DISK - corrected ATB
1702/23/2004 APPELLEE BRIEF
1802/27/2004 DISK - AEB
1903/17/2004 SECOND SUPPLEMENTAL CLERK'S CERTIFICATE DATED MARCH 15, 2004 (Entries 33 & 34)
2004/08/2004 APPEARANCES: Douglas W. Nesheim; Stuart A. Larson
2104/08/2004 ARGUED: Nesheim; Larson (Vol. Y; Page 227)
2204/08/2004 ORAL ARGUMENT WEBCAST
2306/30/2004 DISPOSITION: AFFIRMED
2406/30/2004 SPLIT OPINION: Maring, Mary Muehlen
2506/30/2004 (CONCUR OR SPECIALLY): Sandstrom, Dale V.: CONCUR
2606/30/2004 (JOIN CONCUR SPECIALLY): Kapsner, Carol Ronning: JN/CON
2706/30/2004 (CONCUR SPECIALLY): Neumann, William A.: CONCUR
2807/01/2004 Judgment Mailed to Parties
2907/22/2004 MANDATE
3007/29/2004 Corrected Opinion Page 3
3107/26/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3211/16/2010 EXPUNGED - Nonpermanent record items destroyed

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