Interest of B.B.

20070233 In the Interest of B.B., a child

Carmell F. Mattison, Grand Forks
County Assistant State's Attorney, Petitioner and Appellee
v.
B.B. (child), B.J.F. (mother), Respondents
and
S.L.B. (father), 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: Rebecca Jo Heigaard McGurran
Appellee: Deborah Louise Garner , Asst. State's Attorney
Appellee: Jacqueline Ann Gaddie , Asst. State's Attorney
Term: 01/2008   Argument: 01/18/2008  10:00am
ND cite: 2008 ND 51
NW cite: 746 N.W.2d 411

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Did the trial court make a clearly erroneous finding that B.B. continues to be deprived based on repeated domestic violence, substance abuse issues and failing to follow through with appropriate rehabilitative treatment/ counseling regimens?
II. Did the trial court make a clearly erroneous finding that reasonable efforts have been expended to prevent B.B. from being permanently removed from a parental home when prior to the change in the goal of B.B. from return to parent to guardianship social services ceased providing services to S.L.B. to enable returning B.B. to S.L.B.'s home?

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Docket entries:
108/20/2007 NOTICE OF APPEAL: 08/15/2007
208/20/2007 ORDER FOR TRANSCRIPT (Karen Aamodt): 08/15/2007
308/20/2007 RETENTION OF RECORD ON APPEAL (Karen Aamodt): 10/04/2007
408/20/2007 RECORD ON APPEAL (Volume 1 and transcript dated June 22, 2006)
508/20/2007 Clerk's First Supplemental Certificate of Record on Appeal dated July 11, 2007, with entries 86-114
608/20/2007 Clerk's Second Supplemental Cert. of Record on Appeal dated July 13, 2007, with entries 115-116
708/20/2007 Clerk's Third Supp. Cert. of Record on Appeal dated August 16, 2007, with entries 117-129
808/20/2007 Not received with ROA were entries 14, 55, 95, 108, 126 (steno notes)
908/20/2007 DISK - copies of transcripts dated June 20, 2006 and July 13, 2006 (copied from 20060322)
1008/23/2007 Notice of Substitution of counsel and notice of appearance w/aff. of svc.
1108/24/2007 Clerk's Fourth Supplemental Cert. of Record (Entries 130 thru 135) including separate transcripts
1208/24/2007 dated June 22, 2006 and July 13, 2006
1308/27/2007 TRANSCRIPT DATED August 2, 2007
1408/29/2007 DISK-TRA (8/2/07)
1508/29/2007 5th Supplemental Clerk's Certificate dated 8-27-07 (Entry nos. 136 & 137)
1608/29/2007 certificate of service of copies of transcripts
1710/11/2007 MOT. EXT/TIME APPELLANT BRIEF (faxed)
1810/11/2007 E-FILED MOTION (Mot/Ext/ATB) (faxed)
1910/11/2007 ACTION BY CLERK (Mot/Ext/ATB). Granted: 10/10/2007
2010/10/2007 APPELLANT BRIEF (e-filed)
2110/10/2007 E-FILED BRIEF (ATB)
2210/10/2007 APPELLANT APPENDIX (e-filed)
2310/10/2007 Affidavit of Service by E-mail of ATB
2410/10/2007 E-FILED APPENDIX (ATA)
2510/15/2007 Received 7 copies of ATB from Central Duplicating.
2610/15/2007 Received 6 copies of ATA from Central Duplicating.
2710/23/2007 Received $26 surcharge from Inter-departmental Billing: Journal entry no. 550715
2811/09/2007 MOT. EXT/TIME APPELLEE BRIEF (E-filed)(Faxed)
2911/09/2007 E-FILED MOTION (MAE) (FAXED)
3011/09/2007 ACTION BY CHIEF DEPUTY CLERK. Granted: 12/10/2007
3112/07/2007 APPELLEE BRIEF (e-filed)
3212/07/2007 E-FILED BRIEF (AEB)
3312/07/2007 APPELLEE APPENDIX (e-filed) PDF
3412/07/2007 E-FILED APPENDIX (AEA)
3512/12/2007 Received $25 surcharge for AEB (Receipt #17949)
3612/18/2007 Received 7 copies of AEB from Central Duplicating
3712/18/2007 Received 6 copies of AEA from Central Duplicating
3801/18/2008 APPEARANCES: Rebecca J. Heigaard McGurran; Jacqueline A. Gaddie
3901/18/2008 ARGUED: McGurran; Gaddie
4001/18/2008 ORAL ARGUMENT WEBCAST
4103/20/2008 DISPOSITION: AFFIRMED
4203/20/2008 SPLIT OPINION: VandeWalle, Gerald W.
4303/20/2008 (DISSENT): Kapsner, Carol Ronning: DISSENT
4403/24/2008 Judgment E-Mailed to Parties
4504/14/2008 MANDATE
4604/18/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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