Interest of J.S.

20070123 In the Interest of J.S., a child
In the Interest of J.G., a child
---------------------------
Carrie Smith, L.S.W., Petitioner and Appellee
v.
J.G., mother, Respondent and Appellant
and
J.S., a child, J.G. a child,
D.S., Father of J.S.,
John Doe, Father of J.G.,
and Kathy Kassenborg,
Lay Guardian ad Litem, Respondents

Appeal from: Juvenile Court, East Central Judicial District, Cass County
Judge Cynthia Rothe-Seeger
Nature of Action: Termination/Parental Rights
Counsel:
Appellant: Douglas W. Nesheim
Appellee: Constance Louise Cleveland , Asst. State's Attorney
Term: 12/2007   Argument: 12/04/2007  Waived
ND cite: 2008 ND 9
NW cite: 743 N.W.2d 808


Issues: Appellant's Statement of the Issues:
I.Whether the trial court erred in finding there was clear and convincing evidence to support a finding of deprivation that was likely to continue.
II.Whether the trial court erred in finding there was clear and convincing evidence that the children would likely suffer harm absent a termination of parental rights.
III.Whether reasonable efforts were made to prevent removal of the children and to reunify the family once the children were removed.

Appellee's Statement of the Issues:
I. Whether the petitioner established through clear and convincing evidence termination of parental rights is justified under N.D.C.C. 27-20-44.
a. Were the children "deprived children"
b. Is the deprivation likely to continue
c. Will there be harm to the children
II. Whether the district court judge erred in the review and in affirming the juvenile referee's decision.
III. Whether the juvenile court referee erred in finding that reasonable efforts had been made to prevent removal of the children and to reunify the family once the children were removed.

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Docket entries:
105/02/2007 NOTICE OF APPEAL: 04/30/2007
205/02/2007 ORDER FOR TRANSCRIPT: 04/30/2007
305/02/2007 ------CONFIDENTIAL-------
406/14/2007 MOT. EXT/TIME TRANSCRIPT
506/14/2007 ACTION BY TRIAL COURT. Granted: 07/29/2007
607/23/2007 TRANSCRIPTS DATED 6/16/06, 7/11/06, 8/21/06, 10/26/06, 10/27/06, 11/30/06, Master Index
707/23/2007 DISK (TRA DATED 6/16/06, 7/11/06, 8/21/06, 10/26/06, 10/27/06, 11/30/06, Master Index)
807/24/2007 Certificate of Service of copies of Transcripts
907/26/2007 RECORD ON APPEAL with separates 28 (exhibits 1-28(photos)) and 31 (deposition transcript)
1007/26/2007 Not received with Record on Appeal, entries 6, 16, 20, 39, and 44 (tapes)
1107/30/2007 Clerk's Supplemental Cert. of Record on Appeal dated July 25, 2007, with entry 67-68 attached
1209/04/2007 APPELLANT BRIEF
1309/04/2007 APPELLANT APPENDIX
1409/04/2007 DISK (ATB) electronic
1509/11/2007 corrected title pages for ATB & AEA
1610/04/2007 APPELLEE BRIEF
1710/05/2007 DISK - AEB
1812/04/2007 Request by Appellant and Appellee to waive oral argument due to treacherous road conditions
1912/04/2007 ACTION BY SUPREME COURT (Request to waive OA). Granted
2012/04/2007 APPEARANCES: waived under N.D.R.App.P. 34(f)
2112/04/2007 ARGUED: waived under N.D.R.App.P. 34(f)
2201/17/2008 DISPOSITION: AFFIRMED
2301/17/2008 UNANIMOUS OPINION: Crothers, Daniel John
2401/18/2008 Clerk's Supplemental Certificate or Record dated 1/17/08. Entry Nos. 69-77 & 79. Not rec'd No. 78
2501/22/2008 Judgment E-Mailed to Parties
2602/08/2008 MANDATE
2702/12/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 04/18/2014