Interest of K.N.H.

20050018
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
v.
Director, Cass County
Social Services,
B.A.E., K.N.H., B.S.H.,
L.I.H., and Richard
Edinger, Guardian ad Litem, Respondents
and
S.F.H., Respondent and Appellant

Appeal from: Juvenile Court, East Central Judicial District, Cass County
Judge Douglas R. Herman
Nature of Action: Termination/Parental Rights
Counsel:
Appellant: Monty Grant Mertz
Appellee: Constance Louise Cleveland , Asst. State's Attorney
Term: 06/2005   Argument: 06/14/2005  Waived
ND cite: 2005 ND App
NW cite: 704 N.W.2d 573


Issues: 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

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Docket entries:
101/19/2005 NOTICE OF APPEAL: 01/18/2005
201/19/2005 ORDER FOR TRANSCRIPT: 01/18/2005
301/19/2005 "CONFIDENTIAL"
402/15/2005 RETENTION OF RECORD ON APPEAL (Vicky Matthys): 03/09/2005
503/07/2005 TRANSCRIPT DATED August 12, 2004 and August 13, 2004 (2 volumes)
603/07/2005 DISK - transcripts (emailed)
703/08/2005 Certificate of Service of Copies of Transcripts
803/10/2005 RECORD ON APPEAL, Exhibits, & trans. of proceedings dated 3-2-04. Not rec'd: 19, 37, & 60 (Steno
903/10/2005 Notes) & 64 (Tape)
1003/11/2005 Referred by Clerk's Office--Appealability. RspDue: 03/21/2005
1103/18/2005 Response Filed (ltr fom Monty G. Mertz regarding late filed NOA)
1203/18/2005 NO ACTION TAKEN (MCL)
1303/18/2005 MOTION FOR Extension of Time to File the Notice of Appeal (Fax dtd 3-18-05)
1403/18/2005 E-FILED MOTION (for ext of time to file notice of appeal)
1503/18/2005 ACTION BY CHIEF JUSTICE. Granted
1604/18/2005 APPELLANT BRIEF
1704/18/2005 APPELLANT APPENDIX
1804/18/2005 DISK - ATB (e-mailed)
1905/18/2005 APPELLEE BRIEF
2005/18/2005 APPELLEE APPENDIX
2105/18/2005 DISK of AEB
2205/25/2005 Letter dated 5-23-05 from Richard Edinger (Guardian ad Litem is not filing a separate Brief of AE)
2306/13/2005 STIPULATION TO WAIVE ORAL ARGUMENT (AT/AE) (faxed)
2406/13/2005 E-FILED MOTION (Stip. to Waive OA)
2506/13/2005 ACTION BY COURT OF APPEALS (Stip. to Waive OA). Granted
2606/14/2005 APPEARANCES: Submitted on briefs
2706/14/2005 ARGUED: Submitted on briefs (Page 41)
2807/06/2005 DISPOSITION: AFFIRMED BY SUMMARY DISP.
2907/06/2005 UNANIMOUS OPINION: Per Curiam
3007/11/2005 Judgment Mailed to Parties
3107/29/2005 MANDATE
3208/02/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3307/20/2012 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014