Interest of F.F.
-------------------------
L.J. Bernhardt, Petitioner and Appellee
v.
F.F., a child, F.M., a child, Respondents and Appellees
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J.F., their mother, Respondent and Appellant
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F.M., Sr., their father, the Executive
Director of the North Dakota
Department of Human Services, Respondents
Judge Zane Anderson
| Appellant: | Keogh Law Office | |
| Appellee: | Owen K. Mehrer , Asst. State's Attorney | |
| Appellee: | Mackoff Kellogg Law Firm |
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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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