Interest of J.C.

20060341 In the Interest of J.C., a child
---------------------------
Jeanette Wetch, LSW, Cass
County Social Services, Petitioner and Appellee
v.
Z.C., Respondent and Appellant
and
J.C. and F.C., Respondents


Appeal from: Juvenile Court, East Central Judicial District, Cass County
Referee Scott A. Griffeth
Nature of Action: Termination/Parental Rights
Counsel:
Appellee: Constance Louise Cleveland , Asst. State's Attorney
Appellant: Dennis D. Fisher
Term: 06/2007   Argument: 06/11/2007  10:45am
ND cite: 2007 ND 111
NW cite: 736 N.W.2d 451

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Issues: Appellant's Statement of the Issues:
I. The trial court abused its discretion in denying Z.C.'s motion for a continuance to allow reappointment of counsel.
II. It was clearly erroneous and an abuse of discretion for the court to enter a default judgment against Z.C, terminating her parental rights, without any evidence to support the findings.

Appellee's Statement of the Issues:
I.Whether the court judge erred in denying Z.C.'s Motion for Continuance.
II. Whether the petitioner established through clear and convincing evidence termination of parental rights is justified under N.D.C.C. 27-20-44.
a. Was Jay a "deprived child"
b. Is the deprivation likely to continue
c. Will there be harm to the child
d. Could termination be sustained on time alone?
e. Did the court have any evidence to support its findings

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Docket entries:
111/24/2006 NOTICE OF APPEAL: 11/17/2006
211/24/2006 This case is CONFIDENTIAL
312/20/2006 RECORD ON APPEAL, not included were Court Reporter Tapes (Entry Nos. 8,10,and 18)
401/03/2007 Undated letter from Z.C. w/attachment (not in compliance with rules for Appellant's Brief)
501/03/2007 MOT. EXT/TIME APPELLANT BRIEF (sua sponte)
601/10/2007 ACTION BY CLERK (mat) (sua sponte). Granted: 01/29/2007
702/02/2007 MOT. EXT/TIME APPELLANT BRIEF (sua sponte)
802/02/2007 ACTION BY CHIEF JUSTICE (2nd MAT sua sponte). Granted: 02/28/2007
903/08/2007 Dennis D. Fisher has been court appointed as counsel for Appellant Z.C.
1003/08/2007 MOT. EXT/TIME APPELLANT BRIEF
1103/08/2007 ACTION BY CLERK (MAT). Granted: 04/23/2007
1203/14/2007 TRANSCRIPT DATED September 29, 2006
1303/14/2007 DISK - TRA dated September 29, 2006 (emailed)
1403/15/2007 Certificate of Service of Copies of Transcript
1504/23/2007 APPELLANT BRIEF (e-filed)
1604/23/2007 E-FILED BRIEF (ATB)
1704/23/2007 APPELLANT APPENDIX (e-filed)
1804/23/2007 E-FILED APPENDIX (ATA)
1905/09/2007 Received $25 surcharge for ATB (Receipt #17375)
2005/11/2007 Received 7 copies of ATB from Central Duplicating Services
2105/11/2007 Received 6 copies of ATA from Central Duplicating Services
2205/22/2007 MOT. EXT/TIME APPELLEE BRIEF (faxed)
2305/22/2007 E-FILED MOTION (MAE)
2405/22/2007 ACTION BY CLERK (MAE). Granted: 05/30/2007
2505/29/2007 APPELLEE BRIEF
2605/29/2007 APPELLEE APPENDIX
2705/30/2007 DISK - aeb
2806/01/2007 Mr. Fisher's request for waiver of oral argument
2906/01/2007 ACTION BY SUPREME COURT (Request to waive oral argument on behalf of the Appellant). Granted
3006/05/2007 REPLY BRIEF (e-mailed)
3106/05/2007 E-FILED BRIEF (RYB)
3206/06/2007 7 cc made of RYB
3306/11/2007 APPEARANCES: waived under NDRAppP 34(f) on behalf of AT; Constance L. Cleveland
3406/11/2007 ARGUED: waived under NDRAppP 34(f) on behalf of AT; Cleveland
3506/11/2007 ORAL ARGUMENT WEBCAST
3607/25/2007 DISPOSITION: REVERSED AND REMANDED
3707/25/2007 SPLIT OPINION: Kapsner, Carol Ronning
3807/25/2007 (CONCURRING SPECIALLY): VandeWalle, Gerald W.: CONCUR
3907/26/2007 Judgment Mailed to Parties
4008/16/2007 MANDATE
4108/23/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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