Interest of D.D.
In the Interest of D.D., a Child
In the Interest of K.D., a Child
Tamera Ressler, L.S.W., Petitioner and Appellee
Director, Cass County Social
Services, R.S., C.D., D.D., K.D.,
and Kathy Kassenborg, Lay Guardian
ad Litem, Respondents
R.S., Respondent and Appellant
East Central Judicial District,
Judge Wade L. Webb
|Nature of Action:||Juvenile Law|
|Term:||12/2005  Argument: 12/14/2005|
|ND cite:||2006 ND 30|
708 N.W.2d 900
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Whether the trial court erred in finding 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 children would likely suffer harm absent a termination of parental rights.
III. Whether the trial court erred because the children's best interests would have been better served by a guardianship arrangement than by a termination of parental rights.
IV. Whether reasonable efforts were made to prevent removal of the children and to reunify the family once the children were removed.
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. Were the children "deprived children"
b. Is the deprivation likely to continue
c. Will there be harm to the children
II. Whether the district court judge erred in the review and in affirming the juvenile referee's decision.
III. Whether a guardianship should have been established rather than a termination of parental rights.
IV. Whether reasonable efforts were made to prevent removal and to reunify.
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|1||05/23/2005 NOTICE OF APPEAL: 05/18/2005|
|2||05/23/2005 ORDER FOR TRANSCRIPT: 05/18/2005|
|4||05/23/2005 (This case is consolidated w/20050177. Make all docket entries, except DIS & MAN in this case)|
|5||06/14/2005 RETENTION OF RECORD ON APPEAL: 07/07/2005|
|6||07/05/2005 MOT. EXT/TIME TRANSCRIPT|
|7||07/05/2005 ACTION BY TRIAL COURT (MTR). Granted: 08/16/2005|
|8||07/05/2005 E-FILED MOTION (MTR)|
|9||08/17/2005 TRANSCRIPTS DATED February 16 and 17, 2005 (Volume 1 and 2)|
|10||08/17/2005 DISK of tras dated 2-16 & 17-05 (e-mailed)|
|11||08/23/2005 RECORD ON APPEAL Not forwarded with the record were Nos. 4, 13, 16, 33, (Steno Notes)|
|12||08/23/2005 and Nos. 18, 49, 51, 54, 80, and 81 (Tapes)|
|13||09/26/2005 APPELLANT BRIEF|
|14||09/26/2005 APPELLANT APPENDIX|
|15||09/26/2005 DISK - ATB|
|16||10/29/2005 APPELLEE BRIEF|
|17||10/31/2005 DISK - aeb|
|18||11/07/2005 Letter dated 11-04-05 from Richard Edinger, Guardian ad Litem (he will not be filing a brief)|
|19||12/14/2005 APPEARANCES: Douglas W. Nesheim; Constance L. Cleveland|
|20||12/14/2005 ARGUED: Nesheim; Cleveland|
|21||12/14/2005 ORAL ARGUMENT WEBCAST|
|22||12/29/2005 Letter dated 12-29-05 from H. Jean Delaney, Deputy Dir., Commission on Legal Counsel for Indigents,|
|23||12/29/2005 informing us that Lori Weisz has replaced Richard Edinger as Guardian ad Litem|
|24||01/31/2006 DISPOSITION: AFFIRMED|
|25||01/31/2006 UNANIMOUS OPINION: Maring, Mary Muehlen|
|26||02/02/2006 Judgment Mailed to Parties|
|27||02/06/2006 ltr from Lori K. Weisz, guardian ad litem stating she does not recommend rehearing dtd2-2-06|
|29||03/03/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|30||09/24/2015 EXPUNGED - Nonpermanent record items destroyed|