Adoption of J.D.F.
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| 20080152 |
In the Matter of the Adoption of
J.D.F., Minor Child
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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
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Gail Hagerty |
|
Nature of Action: |
Adoption
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| Counsel: |
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| Term: |
12/2008 Argument: 12/02/2008
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| ND cite: |
2009 ND 21
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| NW cite: |
761 N.W.2d 582
Listen to recording of oral argument in MP3 format
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| 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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| 1 | | 06/26/2008
NOTICE OF APPEAL: 06/24/2008 |
| 2 | | 06/26/2008
ORDER FOR TRANSCRIPT: 06/24/2008 |
| 3 | | 06/26/2008
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 4 | | 06/30/2008
Acknowledgement of Order for Transcript |
| 5 | | 06/30/2008
RETENTION OF RECORD ON APPEAL: 08/13/2008 |
| 6 | | 07/23/2008
TRANSCRIPT DATED April 21, 2008 |
| 7 | | 07/24/2008
DISK - TRA 4-21-08 (e-mailed) |
| 8 | | 07/25/2008
RECORD ON APPEAL |
| 9 | | 08/27/2008
APPELLANT BRIEF |
| 10 | | 08/27/2008
APPELLANT APPENDIX |
| 11 | | 08/27/2008
DISK of ATB |
| 12 | | 09/05/2008
MOT. EXT/TIME APPELLEE BRIEF & Brief/Support |
| 13 | | 09/18/2008
ACTION BY CHIEF DEPUTY CLERK (Due 30 days after 12-31-07 trans. is filed). Granted: 10/23/2008 |
| 14 | | 09/23/2008
Transcript dated December 31, 2007 |
| 15 | | 09/23/2008
DISK-TRA (12/31/07) E-MAILED |
| 16 | | 09/24/2008
CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS. |
| 17 | | 09/25/2008
First Supplemental Clerk's Certificate of Record (Entry Nos. 34-41). |
| 18 | | 09/24/2008
Objection to Filing of Transcript/Motion to Strike and Brief by Justin Hager, AT counsel. |
| 19 | | 09/25/2008
ACTION BY CHIEF JUSTICE (Objection to Filing). Denied |
| 20 | | 10/23/2008
APPELLEE BRIEF |
| 21 | | 10/23/2008
Affidavit of Service of AEB |
| 22 | | 10/31/2008
CORRECTED APPELLEE'S BRIEF |
| 23 | | 10/31/2008
DISK-AEB (CORRECTED VERSION) |
| 24 | | 11/20/2008
SITTING WITH THE COURT: McClintock, Jr., John C. |
| 25 | | 12/02/2008
APPEARANCES: Justin D. Hager; Daniel J. Nagle |
| 26 | | 12/02/2008
ARGUED: Hager; Nagle |
| 27 | | 12/02/2008
ORAL ARGUMENT WEBCAST |
| 28 | | 02/05/2009
DISPOSITION: REVERSED AND REMANDED |
| 29 | | 02/05/2009
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 30 | | 02/05/2009
Judgment e-mailed to Parties |
| 31 | | 02/27/2009
MANDATE |
| 32 | | 03/05/2009
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |