Interest of B.B.

20060322 In the Interest of B.B., a child

Carmell F. Mattison, Grand Forks
County Assistant State's Attorney, Petitioner and Appellee
v.
B.B., B.J.F., Respondents
and
S.L.B., Respondent and Appellant

Appeal from: Juvenile Court, Northeast Central Judicial District, Grand Forks County
Judge Lawrence E. Jahnke
Nature of Action: Juvenile Law
Counsel:
Appellant: Daniel James Borgen
Appellee: Carmell Faye Mattison , Asst. State's Attorney
Term: 04/2007   Argument: 04/16/2007  10:45am
ND cite: 2007 ND 115
NW cite: 735 N.W.2d 855

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Did the trial court err in admitting Social Services assessment records as a "business records" exception to the hearsay rule, when the source of the information's trustworthiness cannot be verified?
2. Did the trial court violate S.B.'s 6th amendment constitutional right to confront and cross-examine Mr. K?
3. Did the trial court violate S.B.'s 6th amendment constitutional right to confront and cross-examine adverse witness(es) when it refused to compel Social Services to disclose the source(s) of the information contained in it report(s)?
4. Did the trial court make "clearly erroneous" findings of fact in deciding B.B. was a deprived child? To wit, did the court err in failing to address which reports, out of a potential 18, it found probative; failing to note that in several instances it was unknown whether Respondents had in fact followed through with recommended services; failing to note the lapse of time between which the allegations of deprivation occurred and the deprivation petition being filed; and failing to discern which reports would not be relied on, because of recantations by parties relied on by Social Services in making their reports?

Reply Brief Issues
1. Did the trial court err in admitting Social Services assessment records as a "business records" exception to the hearsay rule?
2. Did the trial court violate S.B.'s 6th amendment constitutional right to confront and cross-examine Mr. K and other undisclosed reporters?

Appellee's Statement of the Issues:
I. The district court properly admitted the child protection assessments
II. The respondent's 6th amendment confrontational rights were not violated
III. The district court properly denied the disclosure of the person(s) reporting the abuse/neglect
IV. The district court properly found that b.b. is a deprived child by clear and convincing evidence

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Docket entries:
111/14/2006 NOTICE OF APPEAL: 11/09/2006
211/14/2006 ORDER FOR TRANSCRIPT: 11/09/2006
311/16/2006 Amended Notice of Filing of the Notice of Appeal
411/29/2006 Transcript dated July 13, 2006
512/04/2006 Corrected covers for TRA filed 11-29-06 (Date changed from 6-12-06 to 7-13-06)
612/05/2006 RECORD ON APPEAL W/SEPARATE (ENTRY NO. 56). NOT REC'D WERE STENO NOTES (ENTRY NOS. 14 & 55)
712/06/2006 TRANSCRIPT DATED June 22, 2006
812/07/2006 DISK - tra (6-22-06)
912/07/2006 Fax from Carmell Mattison RE: she is counsel of record for appelle
1012/11/2006 DISK - tra (7-13-06)
1101/09/2007 APPELLANT BRIEF ON APPEALABILITY
1201/09/2007 E-FILED BRIEF (AT Appealability Brief)
1301/09/2007 APPELLANT APPENDIX TO BRIEF ON APPEALABILITY (ATTACHED TO BRIEF)
1401/09/2007 E-FILED APPENDIX (AT Appealability)
1510/09/2007 Made 7 copies of AT Appealability Brief and Attached Appendix
1601/09/2007 APPELLEE BRIEF ON APPEALABILITY
1701/09/2007 E-FILED BRIEF (AE Appealability Brief)
1801/09/2007 APPELLEE APPENDIX TO BRIEF ON APPEALABILITY (ATTACHED TO BRIEF)
1901/09/2007 E-FILED APPENDIX (AE Appealability)
2001/09/2007 Made 7 copies of AE Appealability Brief and Attached Appendix
2101/15/2007 Affidavit of Service by Mail of the Brief of Appellee dated 1-10-07
2201/17/2007 MOTION (sua sponte consideration of timeliness of notice of appeal)
2301/17/2007 ACTION BY SUPREME COURT (MOT/consideration of appealability). Granted
2401/17/2007 Reset due date after stay pending consideration of appealability
2501/17/2007 ACTION BY CLERK (reset due date for ATB). Granted: 02/16/2007
2602/16/2007 APPELLANT BRIEF (e-filed)
2702/16/2007 E-FILED BRIEF (ATB)
2802/16/2007 APPELLANT APPENDIX (faxed)
2902/16/2007 E-FILED APPENDIX (ATA)
3002/20/2007 Received $25 surcharge for atb (Receipt #17283)
3102/27/2007 Received 7 copies of ATB & 6 copies of ATA from Central Duplicating
3203/16/2007 APPELLEE BRIEF (e-filed)
3303/16/2007 E-FILED BRIEF (AEB)
3403/16/2007 APPELLEE APPENDIX (e-filed) (PDF)
3503/16/2007 E-FILED APPENDIX (AEA)
3603/16/2007 Affidavait of Service by E-Mail of AEB & AEA
3703/19/2007 Received $25 surcharge for AEB (Receipt #17318)
3803/21/2007 Received 7 copies of AEB from Central Duplicating
3903/21/2007 Received 6 copies of AEA from Central Duplicating
4003/29/2007 REPLY BRIEF (e-filed)
4103/29/2007 Affidavit of Service by E-mail of RYB
4203/29/2007 E-FILED BRIEF (RYB)
4303/29/2007 Received 7 copies of RYB from Central Duplicating
4404/16/2007 APPEARANCES: Daniel J. Borgen; Carmell F. Mattison
4504/16/2007 ARGUED: Borgen; Mattison
4604/16/2007 ORAL ARGUMENT WEBCAST
4707/10/2007 PETITION for Writ of Prohibition
4807/10/2007 E-FILED Petition
4907/12/2007 ACTION BY SUPREME COURT (Petition for Writ of Prohibition). Denied
5007/16/2007 Supp. Clerk's Certificate dated 7-11-07 (Entry nos. 86 - 114, not rec'd 95 & 108 - steno notes)
5107/19/2007 Second Supp. Clerk's Certificate of ROA dated July 13, 2007, with entries 115 and 116
5207/25/2007 DISPOSITION: AFFIRMED
5307/25/2007 UNANIMOUS OPINION: Kapsner, Carol Ronning
5407/26/2007 Judgment e-mailed to Parties
5508/16/2007 MANDATE
5608/21/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE (Original Transcripts, Mandate & Opinion)

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