Interest of D.D.

20050176 In the Interest of D.D., a Child
In the Interest of K.D., a Child
------------
Tamera Ressler, L.S.W., Petitioner and Appellee
v.
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

Appeal from: Juvenile Court, East Central Judicial District, Cass County
Judge Wade L. Webb
Nature of Action: Juvenile Law
Counsel:
Appellant: Johnson, Ramstad & Mottinger, PLLP
Appellee: Constance Louise Cleveland , Asst. State's Attorney
Term: 12/2005   Argument: 12/14/2005  1:30pm
ND cite: 2006 ND 30
NW cite: 708 N.W.2d 900

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
105/23/2005 NOTICE OF APPEAL: 05/18/2005
205/23/2005 ORDER FOR TRANSCRIPT: 05/18/2005
305/23/2005 (CONFIDENTIAL)
405/23/2005 (This case is consolidated w/20050177. Make all docket entries, except DIS & MAN in this case)
506/14/2005 RETENTION OF RECORD ON APPEAL: 07/07/2005
607/05/2005 MOT. EXT/TIME TRANSCRIPT
707/05/2005 ACTION BY TRIAL COURT (MTR). Granted: 08/16/2005
807/05/2005 E-FILED MOTION (MTR)
908/17/2005 TRANSCRIPTS DATED February 16 and 17, 2005 (Volume 1 and 2)
1008/17/2005 DISK of tras dated 2-16 & 17-05 (e-mailed)
1108/23/2005 RECORD ON APPEAL Not forwarded with the record were Nos. 4, 13, 16, 33, (Steno Notes)
1208/23/2005 and Nos. 18, 49, 51, 54, 80, and 81 (Tapes)
1309/26/2005 APPELLANT BRIEF
1409/26/2005 APPELLANT APPENDIX
1509/26/2005 DISK - ATB
1610/29/2005 APPELLEE BRIEF
1710/31/2005 DISK - aeb
1811/07/2005 Letter dated 11-04-05 from Richard Edinger, Guardian ad Litem (he will not be filing a brief)
1912/14/2005 APPEARANCES: Douglas W. Nesheim; Constance L. Cleveland
2012/14/2005 ARGUED: Nesheim; Cleveland
2112/14/2005 ORAL ARGUMENT WEBCAST
2212/29/2005 Letter dated 12-29-05 from H. Jean Delaney, Deputy Dir., Commission on Legal Counsel for Indigents,
2312/29/2005 informing us that Lori Weisz has replaced Richard Edinger as Guardian ad Litem
2401/31/2006 DISPOSITION: AFFIRMED
2501/31/2006 UNANIMOUS OPINION: Maring, Mary Muehlen
2602/02/2006 Judgment Mailed to Parties
2702/06/2006 ltr from Lori K. Weisz, guardian ad litem stating she does not recommend rehearing dtd2-2-06
2803/01/2006 MANDATE
2903/03/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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