Interest of M.G.

20100207 In the Interest of M.G., a Child
----------------------
Stuart Larson, Traill County
States Attorney, Petitioner and Appellee
v.
S.M., Respondent and Appellant
----------------------
Director, Traill County Social
Services, T.G., M.G., and
Cynthia Kesler, Lay Guardian
ad Litem, Respondents

Appeal from: District Court, East Central Judicial District, Traill County
Judge Steven L. Marquart
Nature of Action: Termination/Parental Rights
Counsel:
Appellant: Douglas W. Nesheim
Appellee: Stuart A. Larson , State's Attorney
Term: 08/2010   Argument: 08/03/2010  10:30am
ND cite: 2010 ND 157
NW cite: 786 N.W.2d 710

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether there was clear and convincing evidence to support a finding of deprivation that was likely to continue.
II. Whether there was clear and convincing evidence that the child would likely suffer harm absent a termination of parental rights.
III. Whether there was clear and convincing evidence that reasonable efforts were made to prevent the continued placement of the child outside of the parental home.

Appellee's Statement of the Issues:
I.Whether the petitioner established through clear and convincing evidence termination of parental rights is justified under N.D.C.C. 27-20-44. 1.Was the child a "Deprived Child"? 2.Is the deprivation likely to continue? 3.Will there be harm to the child?
II.Whether the District Court Judge erred in the review and in affirming the Juvenile Referee's decision.
III.Whether reasonable efforts were made to prevent removal and to reunify.

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Docket entries:
107/02/2010 NOTICE OF APPEAL: 07/02/2010
207/02/2010 ---CONFIDENTIAL---
307/02/2010 APPELLANT BRIEF (e-filed)
407/02/2010 E-FILED BRIEF (ATB)
507/02/2010 APPELLANT APPENDIX (e-filed)
607/02/2010 E-FILED APPENDIX (ATA)
707/07/2010 MOT. EXT/TIME APPELLEE BRIEF (sua sponte pursuant to Rule 2.2)
807/07/2010 ACTION BY CLERK (MAE) (sua sponte pursuant to Rule 2.2). Granted: 07/19/2010
907/07/2010 Received $25 surcharge for ATB (Receipt #19706)
1007/08/2010 Notice of Filing Notice of Appeal
1107/08/2010 Digital Recordings DATED 2/25/09, 4/29/09, 12/31/09, 7/28/09, 1/28/10, 3/25/10, 5/14/10 & C.O.S.
1207/09/2010 Received 7 copies of ATB from CSD
1307/09/2010 Received 6 copies of ATA from CSD
1407/14/2010 NOTICE OF ORAL ARGUMENT SENT
1507/14/2010 RECORD ON APPEAL (Electronic)
1607/15/2010 APPELLEE BRIEF (e-filed)
1707/15/2010 E-FILED BRIEF (AEB)
1807/15/2010 APPELLEE APPENDIX (e-filed) PDF
1907/15/2010 E-FILED APPENDIX (AEA) PDF
2007/16/2010 Received $25 e-filing surcharge for AEB (Receipt #19720).
2107/16/2010 Corrected cover page & pages 2 & 3 for the Appellant's Brief
2208/03/2010 APPEARANCES: Douglas W. Nesheim/Stuart A. Larson, State's Attorney
2308/03/2010 ARGUED: Nesheim/Larson
2408/03/2010 ORAL ARGUMENT WEBCAST
2508/17/2010 DISPOSITION: AFFIRMED
2608/17/2010 UNANIMOUS OPINION: Sandstrom, Dale V.
2708/19/2010 Judgment Sent to Parties
2809/17/2010 MANDATE
2909/24/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/22/2014