Interest of L.J. and G.J.

20060376 In the Interest of L.J. and G.J., children
--------------------------------
Robert Schock, Petitioner and Appellee
v.
L.J. and G.J., Children,
T.S., Mother, S.J., Father, the
Children's Guardian ad Litem,
Hannah Balaban, and the Executive
Director of the N.D. Department
of Human Services, Respondents
---------------------
S.J., Father, Respondent and Appellant

Appeal from: Juvenile Court, South Central Judicial District, Burleigh County
Judge Thomas J. Schneider
Nature of Action: Termination/Parental Rights
Counsel:
Appellee: Tyrone Jay Turner , Asst. State's Attorney
Appellant: Kent M. Morrow
Term: 05/2007   Argument: 05/03/2007  Waived
ND cite: 2007 ND 74
NW cite: 734 N.W.2d 342


Issues: Appellant's Statement of the Issues:
1. Was there sufficient evidence to support the Court's Amended Findings of Fact and Order of November 7, 2006?
2. Was it clearly erroneous and an abuse of discretion for the Court to find that termination of S.J.'s parental rights could be based upon subsection (b)(2) of Section 27-20-44, N.D. Cent. Code.

Appellee's Statement of the Issues:
1. Must evidence of (1) deprivation, (2) continuing deprivation and (3) likely resultant harm be proven if the petition for termination of parental rights is brought pursuant to North Dakota Century Code  27-20-44(1)(b)(2)?
2. Was it Clearly erroneous for the court to order parental rights be terminated pursuant to North Dakota Century Code  27-20-44(1)(b)(2)?
3. Whether the court abused its discretion when it ordered parental rights be terminated pursuant to North Dakota Century Code  27-20-44(1)(b)(2)?

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Docket entries:
112/21/2006 NOTICE OF APPEAL: 12/17/2006
212/21/2006 ORDER FOR TRANSCRIPT: 12/17/2006
302/05/2007 TRANSCRIPTS DATED October 3, 2006, and October 5, 2006
402/06/2007 Certificate of Service of copies of transcript
502/06/2007 DISK - transcripts dated October 3, 2006, and October 5, 2006
602/12/2007 RECORD ON APPEAL (not included were entries 25 and 46/court reporter tape and notes)
702/13/2007 Referred by Clerk's Office--Appealability
802/14/2007 ACTION BY CHIEF JUSTICE (extension of time for filing the notice of appeal/sua sponte). Granted
902/26/2007 APPELLANT BRIEF
1002/26/2007 APPELLANT APPENDIX
1102/27/2007 DISK - ATB (emailed)
1203/05/2007 8 cc of the Amended Findings of Fact and Order for ATA
1303/28/2007 APPELLEE BRIEF
1403/28/2007 DISK of aeb - e-mailed
1504/20/2007 Request to waive argument on behalf of Appellant
1604/20/2007 Waiver of Appellant's oral argument granted. Granted
1704/23/2007 Request to waive oral argument on behalf of the Appellee.
1804/23/2007 Waiver of Appellee's oral argument granted. Granted
1905/03/2007 APPEARANCES: submitted on records and briefs filed under N.D.R.App.P. 34(f)
2005/03/2007 ARGUED: submitted on records and briefs filed under N.D.R.App.P. 34(f)
2106/07/2007 DISPOSITION: AFFIRMED BY SUMMARY DISP.
2206/07/2007 UNANIMOUS OPINION: Per Curiam
2306/08/2007 Order/Judgment Mailed to Parties
2406/29/2007 MANDATE
2507/11/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/26/2014