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Interest of M.S.

Docket No. 20000183
Oral Argument: Tuesday, February 20, 2001 2:45pm

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
2001 ND 68624 N.W.2d 678
Oral Argument 2/20/2001

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.

Briefs

Filing Date Description
11/20/2000 APPELLANT BRIEF View
12/21/2000 APPELLEE BRIEF (Barb Dvorak) View
01/05/2001 APPELLEE BRIEF (Guardian Ad Litem for M.S., Child) View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Rick Lee Volk - 04913
APPELLEE GUARDIAN AD LITEM William Delaney Schmidt - 03339

(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