Interest of J.P.

20130048 In the Interest of J.P.
----------
Williams County Social Services,
by Karin O'Cain, Petitioner and Appellee
v.
J.P., child,
L.P., mother, and
J.B., father, Respondents
-----------
L.P., mother Appellant

Appeal from: Juvenile Court, Northwest Judicial District, Williams County
Judge David W. Nelson
Nature of Action: Termination/Parental Rights
Counsel:
Appellant: Timothy C. Wilhelm
Appellee: Marlyce Ann Wilder , State's Attorney
Term: 04/2013   Argument: 04/02/2013  1:30pm
ND cite: 2013 ND 65
NW cite: 832 N.W.2d 334

Listen to recording of oral argument in MP3 format

Issues: 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 Add Docket 20130048 RSS

Docket entries:
102/14/2013 NOTICE OF APPEAL: 02/13/2013
202/15/2013 MOTION TO DISMISS NOTICE OF APPEAL WITHOUT PREJUDICE AND TO AUTHORIZE REFILING
302/15/2013 E-FILED MOTION
402/15/2013 ACTION BY CHIEF JUSTICE. Denied
502/15/2013 MOT. EXT/TIME APPELLANT BRIEF (SUA SPONTE BY CHIEF JUSTICE)
602/15/2013 ACTION BY CHIEF JUSTICE (SUA SPONTE BY CHIEF JUSTICE). Granted: 02/22/2013
702/19/2013 NOTICE OF ORAL ARGUMENT SENT
802/21/2013 This case is consolidated w/20130057-20130058. Make all entries except ROA, DIS & MAN in this case.
902/20/2013 ORDER FOR TRANSCRIPT: 02/20/2013
1002/20/2013 Digital Recording of hearing dated 11/26/12 & C.O.S.
1102/20/2013 DISK-tra (11/26/12) CD-ROM
1202/21/2013 ELEC. RECORD ON APPEAL DATED February 21, 2013 (ENTRY NOS. 1 - 27)
1302/21/2013 ELEC. SUPP. RECORD ON APPEAL DATED February 21, 2013 (ENTRY NOS.28 - 31)
1402/22/2013 APPELLANT BRIEF (PDF)
1502/22/2013 E-FILED BRIEF (PDF)
1602/22/2013 APPELLANT APPENDIX
1702/22/2013 E-FILED APPENDIX
1802/22/2013 MOT. EXT/TIME APPELLEE BRIEF (sua sponte)
1902/22/2013 ACTION BY CLERK (sua sponte). Granted: 03/15/2013
2003/01/2013 Rcv'd nonsubstantive corrections to atb & ata (title, citations)
2103/05/2013 Rcv'd 7 copies of ATB from CSD
2203/05/2013 Rcv'd 6 copies of ATA from CSD
2303/12/2013 Rcv'd nonsubstantive corrections to brief (pers info pg 4)
2403/15/2013 APPELLEE BRIEF
2503/15/2013 E-FILED BRIEF
2603/15/2013 APPELLEE APPENDIX
2703/15/2013 E-FILED APPENDIX
2803/15/2013 Rcv'd $25 surcharge for AEB
2903/19/2013 Rcv'd 7 copies of aeb from csd
3003/19/2013 Rcv'd 6 copies of aea from csd
3103/25/2013 Rcv'd C.O.S. of ATB on GAL
3204/02/2013 APPEARANCES: Timothy C. Wilhelm; Marlyce A. Wilder
3304/02/2013 ARGUED: Timothy C. Wilhelm; Marlyce A. Wilder
3404/02/2013 ORAL ARGUMENT WEBCAST
3504/04/2013 $30.00 e-filing surcharge paid on 4/4/13 per inter-departmental billing (Journal #0001329231)
3605/14/2013 DISPOSITION: AFFIRMED BY SUMMARY DISP.
3705/14/2013 UNANIMOUS OPINION: Per Curiam
3805/16/2013 Judgment Sent to Parties
3906/12/2013 MANDATE

Generated from Supreme Court Docket on 12/22/2014