Interest of F.F.

20050210 In the Interest of F.F. and F.M., Minor Children
-------------------------
L.J. Bernhardt, Petitioner and Appellee
v.
F.F., a child, F.M., a child, Respondents and Appellees
-------------------------
J.F., their mother, Respondent and Appellant
-------------------------
F.M., Sr., their father, the Executive
Director of the North Dakota
Department of Human Services, Respondents

Appeal from: Juvenile Court, Southwest Judicial District, Stark County
Judge Zane Anderson
Nature of Action: Termination/Parental Rights
Counsel:
Appellant: Keogh Law Office
Appellee: Owen K. Mehrer , Asst. State's Attorney
Appellee: Mackoff Kellogg Law Firm
Term: 01/2006   Argument: 01/09/2006  10:45am
ND cite: 2006 ND 47
NW cite: 711 N.W.2d 144

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Issues: Appellant's Statement of the Issues:
1. Whether Finding of Fact IV: " that the Respondent children, [Fred] and [Faye], have been and are presently deprived children, that the conditions and causes of the deprivation are likely to continue or will not be remedied and that by reasons thereof the children are suffering or will probably suffer serious physical, mental, emotional, or moral harm"; is supported by the evidence.
2. Whether the court erred in concluding that it could order termination of parental rights under either 27-20-44 (1)(b) (1), NDCC, or 27-20-44 (1) (b) (2).
3. Whether Finding of Fact VI by which the Court "adopts by reference, as further findings of fact, all those matters of fact set forth by the Court in the "Discussion" section of the Court's April 21, 2005, Memorandum Opinion, pages 4 through 16, as previously filed herein, is a proper "Finding of Fact".
4. Whether the Court erred in Conclusion of Law II when it concluded that Jane's parental rights to the minor children should be terminated, and whether that Conclusion of Law was supported by the Findings.
5. Whether the Court erred in its Order of Disposition in ordering that Jane's parental rights to the minor children were terminated, and whether that Order was supported by the Conclusion of Law.

Appellee's Statement of the Issues:
Issue I - Law on Appeal.
Issue II - Whether the Court erred in concluding that it could order termination of parental rights under either  27-20-44(1)(b)(1), N.D.C.C., or  27-20-44(1)(b)(2).
Issue III - Whether Finding of fact VI, by which the court adopted by reference, as further findings of fact, as those matters of fact set forth by the court in the court's Memorandum Opinion is a proper finding by fact.
Issue IV - Whether Finding of Fact IV: "that the Respondent children, [Fred] and [Faye], have been and are presently deprived children, that the conditions and causes of the deprivation are likely to continue or will not be remedied and that by reasons thereof the children are suffering or will probably suffer serious physical, mental, emotional, or moral harm," Is Supported By the Evidence.
Issue V - Whether the Court erred in Conclusion of Law II when it concluded that Jane's parental rights the minor children should be terminated, and whether that Conclusion of Law was supported by the Findings.
Issue VI - Whether the Court erred in its Order of Disposition in ordering that Jane's parental rights to the minor children were terminated, and whether that Order was supported by the Conclusion of Law.

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Docket entries:
106/23/2005 NOTICE OF APPEAL: 06/21/2005
206/23/2005 ORDER FOR TRANSCRIPT (Kim Schwartz): 06/21/2005
306/27/2005 Copy of Order Waiving Appeal Bond
407/20/2005 RECORD ON APPEAL
507/26/2005 Referred by Clerk's Office--Appealability. RspDue: 08/02/2005
607/28/2005 Response Filed (Letter dated 7-27-05 from Robert A. Keogh)
707/28/2005 NO ACTION TAKEN (MCL)
807/28/2005 MOTION FOR Extension of Time to File the Notice of Appeal (letter dated 7-27-05 from Mr. Keogh)
907/29/2005 ACTION BY CHIEF JUSTICE (extension of time to file notice of appeal granted). Granted
1008/04/2005 TRANSCRIPT DATED April 13 & 14, 2005
1108/04/2005 DISK - TRA (4-13&14-05)(e-mailed)
1208/25/2005 MOT. EXT/TIME APPELLANT BRIEF & Affidavit/Support
1308/25/2005 ACTION BY Chief Deputy CLERK. Granted: 09/30/2005
1409/26/2005 MOT. EXT/TIME APPELLANT BRIEF& Aff/Support (faxed)
1509/26/2005 E-FILED MOTION (MAT)
1609/26/2005 ACTION BY CLERK. Granted: 10/14/2005
1710/13/2005 APPELLANT BRIEF
1810/13/2005 APPELLANT APPENDIX
1910/13/2005 DISK - atb (e-mailed)
2010/24/2005 Copies of NOA for ATA
2111/09/2005 MOT. EXT/TIME APPELLEE BRIEF; Affidavit of Owen K. Mehrer
2211/09/2005 ACTION BY CLERK (MAE; w/understanding OA will be heard in January). Granted: 11/28/2005
2311/14/2005 APPELLEE BRIEF of F.F. & F.M. (PDF)
2411/14/2005 E-FILED BRIEF (AEB of F.F. & F.M.)
2511/16/2005 Received $25 surcharge for AEB (Receipt #16658)
2611/30/2005 MOT. EXT/TIME APPELLEE BRIEF; AFF. OF JAMES HOPE
2711/30/2005 ACTION BY CLERK (MAE, w/understanding OA will be heard in January). Granted: 12/19/2005
2812/01/2005 Corrected AEB of F.F. & F.M. rec'd & 7 copies made
2912/12/2005 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
3012/19/2005 APPELLEE BRIEF (L.J. Bernhardt)
3112/21/2005 Corrected cover page, table of authorities, and page 6 for Bernhardt's AEB
3212/21/2005 DISK - corrected diskette for Bernhardt's AEB
3312/23/2005 SITTING WITH THE COURT: Graff, Benny A.
3401/09/2006 APPEARANCES: Robert A. Keogh; Owen K. Mehrer
3501/09/2006 ARGUED: Keogh; Mehrer
3601/09/2006 ORAL ARGUMENT WEBCAST
3702/28/2006 DISPOSITION: AFFIRMED
3802/28/2006 UNANIMOUS OPINION: Maring, Mary Muehlen
3902/28/2006 Judgment Mailed to Parties
4003/28/2006 MANDATE
4103/30/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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