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: |
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Term: | 12/2008  Argument: 12/02/2008 | ||||||
ND cite: | 2009 ND 21 | ||||||
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 |