Interest of E.R.

20040122 In the Interest of E.R., a Child
-----------------
Lisa Johnson, L.S.W., Petitioner and Appellee
v.
Director, Cass County Social
Services, M.R., R.R., John
Doe, E.R., and Jared Simonson,
Guardian ad Litem, Respondents
-----------------
M.R., Respondent and Appellant
Appeal from: District Court, East Central Judicial District, Cass County
Judge Wade L. Webb
Nature of Action: Termination/Parental Rights
Counsel:
Appellant: Douglas W. Nesheim
Appellee: Constance Louise Cleveland , Asst. State's Attorney
Term: 10/2004   Argument: 10/21/2004  10:45am
ND cite: 2004 ND 202
NW cite: 688 N.W.2d 384

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Issues: Appellant's Statement of the Issues:
I. Whether there was clear and convincing evidence to support a finding of deprivation that was likely to continue.
II. Whether the trial court erred in finding there was clear and convincing evidence that the child would likely suffer harm absent a termination of parental rights.
III. Whether there was clear and convincing evidence to support a finding of aggravated circumstances so that Cass County Social Services was not required to make reasonable efforts to preserve the family.

Appellee's Statement of the Issues:
I. Whether the petitioner established through clear and convincing evidence 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
II. Whether the district court judge erred in the review and in affirming the juvenile referee's decision.
III. Whether reasonable efforts had been made to reunify the family or whether aggravating circumstances exist with regard to the child Enya.

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Docket entries:
105/03/2004 NOTICE OF APPEAL: 04/30/2004
205/03/2004 ORDER FOR TRANSCRIPT: 04/30/2004
305/03/2004 NOTE: THIS CASE IS CONFIDENTIAL
405/17/2004 TRANSCRIPTS DATED SEPTEMBER 5, 2003 AND OCTOBER 13, 2003
505/18/2004 DISK - TRA (9-5-03 & 10-13-03) (e-mailed)
606/09/2004 TRANSCRIPT DATED NOVEMBER 26, 2003
706/09/2004 DISK - tra (11-26-03)(e-mailed)
806/16/2004 RECORD ON APPEAL including Transcript dated November 26, 2003.
906/16/2004 Not sent with Record were Nos.9 & 11 (Tapes) and 14 (Steno Notes)
1007/19/2004 APPELLANT BRIEF
1107/19/2004 APPELLANT APPENDIX
1207/20/2004 DISK - ATB
1308/23/2004 APPELLEE BRIEF
1408/24/2004 DISK - AEB
1510/21/2004 APPEARANCES: Douglas W. Nesheim; Constance L. Cleveland
1610/21/2004 ARGUED: Nesheim; Cleveland (Vol. Z; page 43)
1710/21/2004 ORAL ARGUMENT WEBCAST
1811/02/2004 DISPOSITION: AFFIRMED
1911/02/2004 UNANIMOUS OPINION: Kapsner, Carol Ronning
2011/03/2004 Judgment Mailed to Parties
2112/02/2004 MANDATE
2212/08/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2308/12/2011 EXPUNGED - Nonpermanent record items destroyed

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