Adoption of J.D.F.

20080152 In the Matter of the Adoption of
J.D.F., Minor Child
-------------------------
D.D.F. and C.A.F., Petitioners and Appellees
v.
North Dakota Department of
Human Services, Respondent
and
G.V.D., Respondent and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Gail Hagerty
Nature of Action: Adoption
Counsel:
Appellant: Richard B. Baer
Appellee: Kelsch, Kelsch, Ruff & Kranda
Term: 12/2008   Argument: 12/02/2008  10:45am
ND cite: 2009 ND 21
NW cite: 761 N.W.2d 582

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
A. Did the trial court err as a matter of law in violating the appellant's right to court-appointed counsel?
B. Did the trial court err as a matter of law by granting an involuntary termination of appellant's parental rights and granting an adoption in this case?

Appellee's Statement of the Issues:
The Appellant did not have a right to court appointed counsel. If this Court determines that he did indeed have a right to court appointed counsel, the Appellant waived the right, and any error committed was harmless. Additionally, the trial court does not have an affirmative duty to appoint counsel.
The District Court's terminating the Appellant's parental rights is supported by clear and convincing evidence. The evidence presented supports the Court's finding that the Appellant has abandoned the minor child by failing to provide support for him or communicating without justifiable cause. These findings are not clearly erroneous.

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Docket entries:
106/26/2008 NOTICE OF APPEAL: 06/24/2008
206/26/2008 ORDER FOR TRANSCRIPT: 06/24/2008
306/26/2008 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
406/30/2008 Acknowledgement of Order for Transcript
506/30/2008 RETENTION OF RECORD ON APPEAL: 08/13/2008
607/23/2008 TRANSCRIPT DATED April 21, 2008
707/24/2008 DISK - TRA 4-21-08 (e-mailed)
807/25/2008 RECORD ON APPEAL
908/27/2008 APPELLANT BRIEF
1008/27/2008 APPELLANT APPENDIX
1108/27/2008 DISK of ATB
1209/05/2008 MOT. EXT/TIME APPELLEE BRIEF & Brief/Support
1309/18/2008 ACTION BY CHIEF DEPUTY CLERK (Due 30 days after 12-31-07 trans. is filed). Granted: 10/23/2008
1409/23/2008 Transcript dated December 31, 2007
1509/23/2008 DISK-TRA (12/31/07) E-MAILED
1609/24/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS.
1709/25/2008 First Supplemental Clerk's Certificate of Record (Entry Nos. 34-41).
1809/24/2008 Objection to Filing of Transcript/Motion to Strike and Brief by Justin Hager, AT counsel.
1909/25/2008 ACTION BY CHIEF JUSTICE (Objection to Filing). Denied
2010/23/2008 APPELLEE BRIEF
2110/23/2008 Affidavit of Service of AEB
2210/31/2008 CORRECTED APPELLEE'S BRIEF
2310/31/2008 DISK-AEB (CORRECTED VERSION)
2411/20/2008 SITTING WITH THE COURT: McClintock, Jr., John C.
2512/02/2008 APPEARANCES: Justin D. Hager; Daniel J. Nagle
2612/02/2008 ARGUED: Hager; Nagle
2712/02/2008 ORAL ARGUMENT WEBCAST
2802/05/2009 DISPOSITION: REVERSED AND REMANDED
2902/05/2009 UNANIMOUS OPINION: Maring, Mary Muehlen
3002/05/2009 Judgment e-mailed to Parties
3102/27/2009 MANDATE
3203/05/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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