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 Waived|
|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|
|18||04/18/2005||DISK - ATB (e-mailed)|
|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|