Interest of J.P.
In the Interest of J.P.
Williams County Social Services,
by Karin O'Cain, Petitioner and Appellee
L.P., mother, and
J.B., father, Respondents
L.P., mother Appellant
Northwest Judicial District,
Judge David W. Nelson
|Nature of Action:||Termination/Parental Rights|
|Term:||04/2013  Argument: 04/02/2013|
|ND cite:||2013 ND 65|
832 N.W.2d 334
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
The court erred in improperly allowing hearsay testimony during the termination hearing.
The court erred in issuing findings of fact and conclusions of law that were inadequate as a matter of law in support of its decision to terminate parental rights.
The court abused its discretion and erred in using N.D.C.C. 27-20-44(c)(2) as an alternative basis for the termination of parental rights.
The court erred in not ordering reinstatement of reasonable efforts to reunify following the wrongful removal of the children from a trial home placement.
The court erred in determining that the conditions and causes of the deprivation are likely to continue or will not be remedied.
Appellee's Statement of the Issues:
I. The Juvenile Court Did Not Abuse Its Discretion in Allowing WCSS Social Worker Karin O'Cain to Testify About Information Contained in Williams County Social Services Case Files.
II. The Juvenile Court's Findings of Fact and Conclusions of Law Adequately Support Its Decision to Terminate L.P.'s Parental Rights.
III. The Juvenile Court Did Not Abuse Its Discretion in Using N.D.C.C. 27-20-44(c)(2) as an Alternative Basis for Terminating L.P.'s Parental Rights.
IV. The Juvenile Court Did Not Err in Finding That the Conditions and Causes of the Deprivation are Likely to Continue and Will Not Be Remedied.
V. The Juvenile Court Did Not Err In Not Ordering Reinstatement of Reasonable Efforts to Reunify Following Removal of the Children from a Trial Home Visit.
|Add Docket 20130048 RSS|
|1||02/14/2013 NOTICE OF APPEAL: 02/13/2013|
|2||02/15/2013 MOTION TO DISMISS NOTICE OF APPEAL WITHOUT PREJUDICE AND TO AUTHORIZE REFILING|
|3||02/15/2013 E-FILED MOTION|
|4||02/15/2013 ACTION BY CHIEF JUSTICE. Denied|
|5||02/15/2013 MOT. EXT/TIME APPELLANT BRIEF (SUA SPONTE BY CHIEF JUSTICE)|
|6||02/15/2013 ACTION BY CHIEF JUSTICE (SUA SPONTE BY CHIEF JUSTICE). Granted: 02/22/2013|
|7||02/19/2013 NOTICE OF ORAL ARGUMENT SENT|
|8||02/21/2013 This case is consolidated w/20130057-20130058. Make all entries except ROA, DIS & MAN in this case.|
|9||02/20/2013 ORDER FOR TRANSCRIPT: 02/20/2013|
|10||02/20/2013 Digital Recording of hearing dated 11/26/12 & C.O.S.|
|11||02/20/2013 DISK-tra (11/26/12) CD-ROM|
|12||02/21/2013 ELEC. RECORD ON APPEAL DATED February 21, 2013 (ENTRY NOS. 1 - 27)|
|13||02/21/2013 ELEC. SUPP. RECORD ON APPEAL DATED February 21, 2013 (ENTRY NOS.28 - 31)|
|14||02/22/2013 APPELLANT BRIEF (PDF)|
|15||02/22/2013 E-FILED BRIEF (PDF)|
|16||02/22/2013 APPELLANT APPENDIX|
|17||02/22/2013 E-FILED APPENDIX|
|18||02/22/2013 MOT. EXT/TIME APPELLEE BRIEF (sua sponte)|
|19||02/22/2013 ACTION BY CLERK (sua sponte). Granted: 03/15/2013|
|20||03/01/2013 Rcv'd nonsubstantive corrections to atb & ata (title, citations)|
|21||03/05/2013 Rcv'd 7 copies of ATB from CSD|
|22||03/05/2013 Rcv'd 6 copies of ATA from CSD|
|23||03/12/2013 Rcv'd nonsubstantive corrections to brief (pers info pg 4)|
|24||03/15/2013 APPELLEE BRIEF|
|25||03/15/2013 E-FILED BRIEF|
|26||03/15/2013 APPELLEE APPENDIX|
|27||03/15/2013 E-FILED APPENDIX|
|28||03/15/2013 Rcv'd $25 surcharge for AEB|
|29||03/19/2013 Rcv'd 7 copies of aeb from csd|
|30||03/19/2013 Rcv'd 6 copies of aea from csd|
|31||03/25/2013 Rcv'd C.O.S. of ATB on GAL|
|32||04/02/2013 APPEARANCES: Timothy C. Wilhelm; Marlyce A. Wilder|
|33||04/02/2013 ARGUED: Timothy C. Wilhelm; Marlyce A. Wilder|
|34||04/02/2013 ORAL ARGUMENT WEBCAST|
|35||04/04/2013 $30.00 e-filing surcharge paid on 4/4/13 per inter-departmental billing (Journal #0001329231)|
|36||05/14/2013 DISPOSITION: AFFIRMED BY SUMMARY DISP.|
|37||05/14/2013 UNANIMOUS OPINION: Per Curiam|
|38||05/16/2013 Judgment Sent to Parties|