Interest of E.R.
In the Interest of E.R., a Child
Lisa Johnson, L.S.W., Petitioner and Appellee
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
East Central Judicial District,
Judge Wade L. Webb
|Nature of Action:||Termination/Parental Rights|
|Term:||10/2004  Argument: 10/21/2004|
|ND cite:||2004 ND 202|
688 N.W.2d 384
Listen to recording of oral argument in MP3 format
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.
|Add Docket 20040122 RSS|
|1||05/03/2004 NOTICE OF APPEAL: 04/30/2004|
|2||05/03/2004 ORDER FOR TRANSCRIPT: 04/30/2004|
|3||05/03/2004 NOTE: THIS CASE IS CONFIDENTIAL|
|4||05/17/2004 TRANSCRIPTS DATED SEPTEMBER 5, 2003 AND OCTOBER 13, 2003|
|5||05/18/2004 DISK - TRA (9-5-03 & 10-13-03) (e-mailed)|
|6||06/09/2004 TRANSCRIPT DATED NOVEMBER 26, 2003|
|7||06/09/2004 DISK - tra (11-26-03)(e-mailed)|
|8||06/16/2004 RECORD ON APPEAL including Transcript dated November 26, 2003.|
|9||06/16/2004 Not sent with Record were Nos.9 & 11 (Tapes) and 14 (Steno Notes)|
|10||07/19/2004 APPELLANT BRIEF|
|11||07/19/2004 APPELLANT APPENDIX|
|12||07/20/2004 DISK - ATB|
|13||08/23/2004 APPELLEE BRIEF|
|14||08/24/2004 DISK - AEB|
|15||10/21/2004 APPEARANCES: Douglas W. Nesheim; Constance L. Cleveland|
|16||10/21/2004 ARGUED: Nesheim; Cleveland (Vol. Z; page 43)|
|17||10/21/2004 ORAL ARGUMENT WEBCAST|
|18||11/02/2004 DISPOSITION: AFFIRMED|
|19||11/02/2004 UNANIMOUS OPINION: Kapsner, Carol Ronning|
|20||11/03/2004 Judgment Mailed to Parties|
|22||12/08/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|23||08/12/2011 EXPUNGED - Nonpermanent record items destroyed|