Interest of K.N.H.
Court of Appeals
In the Interest of K.N.H., B.S.H. and L.I.H., Children
Lisa Johnson, L.S.W., Petitioner and Appellee
Director, Cass County
B.A.E., K.N.H., B.S.H.,
L.I.H., and Richard
Edinger, Guardian ad Litem, Respondents
S.F.H., Respondent and Appellant
East Central Judicial District,
Judge Douglas R. Herman
|Nature of Action:||Termination/Parental Rights|
|Term:||06/2005  Argument: 06/14/2005|
|ND cite:||2005 ND App|
704 N.W.2d 573
Appellant's Statement of the Issues:|
1. What is the Standard of Review?
2. Is the trial court's finding that there was clear and convincing evidence to support a finding of deprivation that was likely to continue clearly erroneous?
3. Is the trial court's finding that there was clear and convincing evidence that the children would likely suffer harm absent a termination of parental rights clearly erroneous?
4. Is the trial court's finding that there was clear and convincing evidence to support a finding of aggravated circumstances clearly erroneous?
5. Is the trial court's decision to terminate SFH's parental rights clearly erroneous?
Appellee's Statement of the Issues:
I.Whether the district court judge erred in affirming the Order terminating of parental rights of S.F.H.
Ii.whether the petitioner has proven termination of parental rights is justified under N.D.C.C. 27-20-44.
A.Were the children "deprived"
B.is the deprivation likely to continue
C.Will there be harm to the children
|Add Docket 20050018 RSS|
|1||01/19/2005 NOTICE OF APPEAL: 01/18/2005|
|2||01/19/2005 ORDER FOR TRANSCRIPT: 01/18/2005|
|4||02/15/2005 RETENTION OF RECORD ON APPEAL (Vicky Matthys): 03/09/2005|
|5||03/07/2005 TRANSCRIPT DATED August 12, 2004 and August 13, 2004 (2 volumes)|
|6||03/07/2005 DISK - transcripts (emailed)|
|7||03/08/2005 Certificate of Service of Copies of Transcripts|
|8||03/10/2005 RECORD ON APPEAL, Exhibits, & trans. of proceedings dated 3-2-04. Not rec'd: 19, 37, & 60 (Steno|
|9||03/10/2005 Notes) & 64 (Tape)|
|10||03/11/2005 Referred by Clerk's Office--Appealability. RspDue: 03/21/2005|
|11||03/18/2005 Response Filed (ltr fom Monty G. Mertz regarding late filed NOA)|
|12||03/18/2005 NO ACTION TAKEN (MCL)|
|13||03/18/2005 MOTION FOR Extension of Time to File the Notice of Appeal (Fax dtd 3-18-05)|
|14||03/18/2005 E-FILED MOTION (for ext of time to file notice of appeal)|
|15||03/18/2005 ACTION BY CHIEF JUSTICE. Granted|
|16||04/18/2005 APPELLANT BRIEF|
|17||04/18/2005 APPELLANT APPENDIX|
|18||04/18/2005 DISK - ATB (e-mailed)|
|19||05/18/2005 APPELLEE BRIEF|
|20||05/18/2005 APPELLEE APPENDIX|
|21||05/18/2005 DISK of AEB|
|22||05/25/2005 Letter dated 5-23-05 from Richard Edinger (Guardian ad Litem is not filing a separate Brief of AE)|
|23||06/13/2005 STIPULATION TO WAIVE ORAL ARGUMENT (AT/AE) (faxed)|
|24||06/13/2005 E-FILED MOTION (Stip. to Waive OA)|
|25||06/13/2005 ACTION BY COURT OF APPEALS (Stip. to Waive OA). Granted|
|26||06/14/2005 APPEARANCES: Submitted on briefs|
|27||06/14/2005 ARGUED: Submitted on briefs (Page 41)|
|28||07/06/2005 DISPOSITION: AFFIRMED BY SUMMARY DISP.|
|29||07/06/2005 UNANIMOUS OPINION: Per Curiam|
|30||07/11/2005 Judgment Mailed to Parties|
|32||08/02/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|33||07/20/2012 EXPUNGED - Nonpermanent record items destroyed|