Interest of M.S.
Docket Info
- Title
- In the Interest of M.S., a child
-------------
Barb Dvorak, Petitioner and Appellee
v.
S.H., Mother, Respondent and Appellant
and
C.S., Father, Respondent
and
M.S., Child, and
her Guardian Ad Litem,
William D. Schmidt,
Attorney at Law, Respondents and Appellees - Case Type
- CIVIL APPEAL : TERMINATION/PARENTAL RIGHTS
- Appeal From
-
Case No. 97-R-1243
South Central Judicial District, Burleigh County
Burt L. Riskedahl
Highlight
To terminate the parental rights for an Indian child, the Indian Child Welfare Act requires proof beyond a reasonable doubt that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
To terminate parental rights for an Indian child, the Indian Child Welfare Act requires proof by clear and convincing evidence that there were active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and those efforts were unsuccessful.
When cultural bias is not implicated in parental termination proceedings, the requirement of qualified expert witness testimony under the Indian Child Welfare Act can be met with testimony of a professional person having substantial education and experience in the area of his or her speciality even though that professional does not have specific experience or knowledge of Indian customs, tradition, or culture.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 06/22/2000 | NOTICE OF APPEAL : 06/14/2000 | |
2 | 06/22/2000 | Copy of order directing waiver of filing fee, bond, and ordering transcript at public expense | |
3 | 06/22/2000 | ORDER FOR TRANSCRIPT (per clerk's office) : 06/14/2000 | |
4 | 07/05/2000 | RETENTION OF RECORD ON APPEAL (Sharon Fox) : 08/03/2000 | |
5 | 08/03/2000 | TRANSCRIPT DATED 3-30-00 | |
6 | 08/03/2000 | DISK - TRA dated 3-30-00 | |
7 | 08/16/2000 | RECORD ON APPEAL | |
8 | 08/24/2000 | MOT. EXT/TIME APPELLANT BRIEF w/Affidavit in Support | |
9 | 08/24/2000 | ACTION BY CLERK - Granted : 10/12/2000 | |
10 | 09/11/2000 | Copy of letter from Judge Riskedahl to David R. Bliss dated 9-8-00 RE: counsel not allowed access | |
11 | 09/11/2000 | to the ROA in this case | |
12 | 10/04/2000 | MOT. EXT/TIME APPELLANT BRIEF; AFFIDAVIT IN SUPPORT | |
13 | 10/06/2000 | ACTION BY CHIEF JUSTICE (MAT) - Granted : 11/13/2000 | |
14 | 11/07/2000 | MOT. EXT/TIME APPELLANT BRIEF & AFFIDAVIT IN SUPPORT | |
15 | 11/07/2000 | ACTION BY CHIEF JUSTICE - Granted : 11/20/2000 | |
16 | 11/20/2000 | APPELLANT BRIEF | View |
17 | 11/20/2000 | APPELLANT APPENDIX | |
18 | 11/20/2000 | DISK - atb | |
19 | 12/20/2000 | MOT. EXT/TIME APPELLEE BRIEF (filed by William D. Schmidt) | |
20 | 12/20/2000 | ACTION BY CLERK (w/understanding Oral Argument in February) - Granted : 01/05/2001 | |
21 | 12/21/2000 | APPELLEE BRIEF (Barb Dvorak) | View |
22 | 12/21/2000 | DISK - AEB (Dvorak) | |
23 | 01/05/2001 | APPELLEE BRIEF (Guardian Ad Litem for M.S., Child) | View |
24 | 01/05/2001 | DISK - AEB (Guardian Ad Litem for M.S.) | |
25 | 02/20/2001 | APPEARANCES: Edwin W.F. Dyer; Rick Lee Volk | |
26 | 02/20/2001 | ARGUED: Dyer; Volk (Vol. X; page 111) | |
27 | 02/20/2001 | ORAL ARGUMENT WEBCAST | |
28 | 04/12/2001 | DISPOSITION | |
29 | 04/12/2001 | UNANIMOUS OPINION : Maring, Mary Muehlen | View |
30 | 04/13/2001 | Order/Judgment Mailed to Parties | |
31 | 05/18/2001 | MANDATE | |
32 | 05/18/2001 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
33 | 06/20/2007 | EXPUNGED - Nonpermanent record items destroyed |