Interest of D.H.

20100109 In the Interest of D.H., a child

Heather Pautz, Barnes County
Director of Social Services, Petitioner and Appellee,


D.H.,a child, T.H., Mother, Respondents,


E.H., Father, Respondent and Appellant

Appeal from: Juvenile Court, Southeast Judicial District, Barnes County
Judge Daniel D. Narum
Nature of Action: Termination/Parental Rights
Appellant: Monty Grant Mertz
Appellee: Fallon Matthew Kelly , Spec. Asst. State's Atty.
Term: 05/2010   Argument: 05/03/2010
ND cite: 2010 ND 103
NW cite: 783 N.W.2d 12

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the trial court erred by finding that the conditions and causes of the deprivation are likely to continue?
II. Whether the trial court erred by finding that a termination of E.H.'s parental rights is necessary to avoid serious physical, mental or emotional harm to the child?

Appellee's Statement of the Issues:
1.Whether the trial court's finding that the minor child "continues to be a deprived child and [the minor child] has been in foster care for more than 450 of the last 660 nights and has been continuously in foster care since January 3, 2008 is clearly erroneous?
2.Whether the trial court's finding that the minor child is a deprived child and such deprivation is likely to continue if [the minor child] is placed with E.H. and that [the minor child] is suffering or will probably suffer serious physical, mental, moral or emotional harm if placed with E.H. is clearly erroneous?

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Docket entries:
104/07/2010 NOTICE OF APPEAL: 04/07/2010
204/07/2010 ORDER FOR TRANSCRIPT: 04/07/2010
304/07/2010 CONFIDENTIAL
404/07/2010 APPELLANT BRIEF (e-filed)
504/07/2010 E-FILED BRIEF - ATB
604/07/2010 APPELLANT APPENDIX (e-filed)
704/07/2010 E-FILED APPENDIX - ATA
804/08/2010 Made 7 copies of ATB and ATA
904/12/2010 RECORD ON APPEAL (Barnes County No. 09-R-72)
1004/12/2010 Record (Barnes County No. 08-R-00023)
1104/12/2010 Record (Barnes County No. 07-R-00114)
1204/12/2010 TRANSCRIPT DATED December 17, 2009, and February 2, 2010, & C.O.S.
1304/12/2010 DISK - Transcripts dated 12/17/09 and 2/2/10
1404/19/2010 Received IDB for ATB
1504/22/2010 APPELLEE BRIEF (e-filed) PDF
1604/22/2010 E-FILED BRIEF (AEB) PDF
1704/23/2010 Received $25 surcharge for AEB (Receipt 19463)
1804/27/2010 MOTION FOR Remand
1904/27/2010 E-FILED MOTION
2004/27/2010 ACTION BY SUPREME COURT. Denied
2105/03/2010 APPEARANCES: Monty G. Mertz; Fallon M. Kelly, Special Asst. State's Attny.
2205/03/2010 ARGUED: Mertz; Kelly
2506/10/2010 UNANIMOUS OPINION: Kapsner, Carol Ronning
2606/10/2010 (CONCUR IN THE RESULT): Sandstrom, Dale V.: CON/RES
2706/10/2010 Judgment Sent to Parties
2807/02/2010 MANDATE

Generated from Supreme Court Docket on 04/26/2018