Interest of A.B., a Child

20100351 In the Interest of A.B., a/k/a A.B., a Child
------------
Kari Bitz, LSW, Petitioner and Appellee
v.
A.B., a/k/a A.B., Child; A.B.,
Legal Father; Barb Oliger,
Guardian Ad Litem; and the
Executive Director of Human Services
Department, Respondents
---------
Vernon Thorson; Holly Thorson;
Kevin Cramer; Kris Cramer; K.S.,
and Jane Richmond, Intervenors
---------
A.B., Legal Father, Appellant
---------
Kevin Cramer and Kris Cramer, Appellees

Appeal from: Juvenile Court, South Central Judicial District, Burleigh County
Judge Thomas J. Schneider
Nature of Action: Termination/Parental Rights
Counsel:
Appellant: Edwin W F Dyer III
Appellee: Jeffrey Ryan Ubben , Asst. State's Attorney
Appellee: Todd D. Kranda
Term: 12/2010   Argument: 12/03/2010  1:30pm
ND cite: 2010 ND 249
NW cite: 792 N.W.2d 539

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Issues: Appellant's Statement of the Issues:
I. Whether there was clear and convincing evidence to support a finding that the child is a deprived child.
II. Whether there was clear and convincing evidence to support a finding of deprivation of the child that was likely to continue.
III. Whether there was clear and convincing evidence that the child would likely suffer harm absent a termination of parental rights.

Appellee's Statement of the Issues:
I.Whether the trial court properly terminated the parental rights of A.P.B. where the Petitioner established by clear and convincing evidence that A.B. is a deprived child which was likely to continue and not be remedied.
II.Whether the trial court properly terminated the parental rights of A.P.B. where the Petitioner established by clear and convincing evidence that the child A.B. would likely suffer harm absent a termination of parental rights.

Appellee's Statement of the Issues:
1.Whether the district court's order affirming the juvenile court's order finding A.B. to be a deprived child and terminating the parental rights of A.P.B. under N.D.C.C.  27-20-44 (1)(c)(1) is clearly erroneous. A.Standard of Review B.The juvenile court's findings supporting its decision to terminate the parental rights of A.P.B. under N.D.C.C.  27-20-44 (1)(c)(1) are not clearly erroneous.
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Docket entries:
110/27/2010 NOTICE OF APPEAL: 10/26/2010
210/27/2010 ------CONFIDENTIAL--------
310/27/2010 This case is consolidated w/20100352. (Make all docket entries, except ROA,DIS & MAN codes, in this
410/27/2010 case)
510/28/2010 MOT. EXT/TIME APPELLANT BRIEF
610/29/2010 ACTION BY CHIEF JUSTICE. Granted: 11/09/2010
710/29/2010 RECORD ON APPEAL and Separate (no. 41)
811/03/2010 MOTION to Return Record to Juvenile Court
911/03/2010 NO ACTION TAKEN (Return Record to Juvenile Court)
1011/08/2010 Digital Recording DATED August 19, 2010 & C.O.S. (CD-ROM)
1111/09/2010 APPELLANT BRIEF (e-filed)
1211/09/2010 E-FILED BRIEF (ATB)
1311/09/2010 APPELLANT APPENDIX (e-filed)
1411/09/2010 E-FILED APPENDIX (ATA)
1511/15/2010 NOTICE OF ORAL ARGUMENT SENT
1611/16/2010 Received $25 surcharge for AEB (Receipt #20058)
1711/17/2010 MOT. EXT/TIME APPELLEE BRIEF (sua sponte)
1811/17/2010 ACTION BY CLERK (MAE) (sua sponte). Granted: 11/24/2010
1911/18/2010 Received 7 copies of ATB from CSD
2011/18/2010 Received 6 cpies of ATA from CSD
2111/24/2010 APPELLEE BRIEF (Cramer)
2211/24/2010 DISK-AEB (E-MAILED)
2311/24/2010 APPELLEE BRIEF (State's Attorney's Office)
2411/24/2010 DISK-AEB (E-MAILED)
2512/01/2010 Digital Recording of August 20, 2010 Hearing (CD-ROM)
2612/01/2010 Request for Radio/TV Coverage approved (Associated Press)
2712/01/2010 Proof of Service of Digital Recording of 8-20-10 Hearing on parties
2812/03/2010 APPEARANCES: Edwin W.F. Dyer; Jeffrey R. Ubben; Todd D. Kranda
2912/03/2010 ARGUED: Edwin W.F. Dyer; Jeffrey R. Ubben
3012/03/2010 ORAL ARGUMENT WEBCAST
3112/03/2010 STATEMENT: Original Appellant brief redacted pursuant to N.D.R.App.P. 14
3212/21/2010 DISPOSITION: AFFIRMED
3312/21/2010 UNANIMOUS OPINION: maring
3412/23/2010 Judgment Sent to Parties
3501/18/2011 MANDATE
3601/24/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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