Interest of A.B., a Child
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| 20100351 |
In the Interest of A.B., a/k/a A.B., a Child
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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
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Vernon Thorson; Holly Thorson;
Kevin Cramer; Kris Cramer; K.S.,
and Jane Richmond, Intervenors
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A.B., Legal Father, Appellant
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Kevin Cramer and Kris Cramer, Appellees
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| Appeal from: |
Juvenile Court,
South Central Judicial District,
Burleigh County
Judge Thomas J. Schneider |
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Nature of Action: |
Termination/Parental Rights
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| Counsel: |
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| Term: |
12/2010 Argument: 12/03/2010 01:30pm
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| ND cite: |
2010 ND 249
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| NW cite: |
792 N.W.2d 539
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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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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| 1 | | 10/27/2010 | |
NOTICE OF APPEAL: 10/26/2010 |
| 2 | | 10/27/2010 | |
------CONFIDENTIAL-------- |
| 3 | | 10/27/2010 | |
This case is consolidated w/20100352. (Make all docket entries, except ROA,DIS & MAN codes, in this |
| 4 | | 10/27/2010 | |
case) |
| 5 | | 10/28/2010 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 6 | | 10/29/2010 | |
ACTION BY CHIEF JUSTICE. Granted: 11/09/2010 |
| 7 | | 10/29/2010 | |
RECORD ON APPEAL and Separate (no. 41) |
| 8 | | 11/03/2010 | |
MOTION to Return Record to Juvenile Court |
| 9 | | 11/03/2010 | |
NO ACTION TAKEN (Return Record to Juvenile Court) |
| 10 | | 11/08/2010 | |
Digital Recording DATED August 19, 2010 & C.O.S. (CD-ROM) |
| 11 | | 11/09/2010 | |
APPELLANT BRIEF (e-filed) |
| 12 | | 11/09/2010 | |
E-FILED BRIEF (ATB) |
| 13 | | 11/09/2010 | |
APPELLANT APPENDIX (e-filed) |
| 14 | | 11/09/2010 | |
E-FILED APPENDIX (ATA) |
| 15 | | 11/15/2010 | |
NOTICE OF ORAL ARGUMENT SENT |
| 16 | | 11/16/2010 | |
Received $25 surcharge for AEB (Receipt #20058) |
| 17 | | 11/17/2010 | |
MOT. EXT/TIME APPELLEE BRIEF (sua sponte) |
| 18 | | 11/17/2010 | |
ACTION BY CLERK (MAE) (sua sponte). Granted: 11/24/2010 |
| 19 | | 11/18/2010 | |
Received 7 copies of ATB from CSD |
| 20 | | 11/18/2010 | |
Received 6 cpies of ATA from CSD |
| 21 | | 11/24/2010 | |
APPELLEE BRIEF (Cramer) |
| 22 | | 11/24/2010 | |
DISK-AEB (E-MAILED) |
| 23 | | 11/24/2010 | |
APPELLEE BRIEF (State's Attorney's Office) |
| 24 | | 11/24/2010 | |
DISK-AEB (E-MAILED) |
| 25 | | 12/01/2010 | |
Digital Recording of August 20, 2010 Hearing (CD-ROM) |
| 26 | | 12/01/2010 | |
Request for Radio/TV Coverage approved (Associated Press) |
| 27 | | 12/01/2010 | |
Proof of Service of Digital Recording of 8-20-10 Hearing on parties |
| 28 | | 12/03/2010 | |
APPEARANCES: Edwin W.F. Dyer; Jeffrey R. Ubben; Todd D. Kranda |
| 29 | | 12/03/2010 | |
ARGUED: Edwin W.F. Dyer; Jeffrey R. Ubben |
| 30 | | 12/03/2010 | |
ORAL ARGUMENT WEBCAST |
| 31 | | 12/03/2010 | |
STATEMENT: Original Appellant brief redacted pursuant to N.D.R.App.P. 14 |
| 32 | | 12/21/2010 | |
DISPOSITION: AFFIRMED |
| 33 | | 12/21/2010 | |
UNANIMOUS OPINION: maring |
| 34 | | 12/23/2010 | |
Judgment Sent to Parties |
| 35 | | 01/18/2011 | |
MANDATE |
| 36 | | 01/24/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |