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 1:30pm|
|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.
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|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|
|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)|
|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)|
|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|