Interest of M.M.
- In the Interest of M.M., a Child
State of North Dakota, by and through
Williams County Social Services, Petitioner and Appellee
M.M., a child; M.M, Mother, Respondents
J.J., Father, Respondent and Appellant
- Case Type
- CIVIL APPEAL : TERMINATION/PARENTAL RIGHTS
- Appeal From
Case No. 2019-JV-00023
Northwest Judicial District, Williams County
Paul W. Jacobson
Parties' Statement of Issues
ISSUE I. During the trial was there clear and convincing evidence that established that there were causes and conditions of deprivation that would continue and/or occur in the future which required J.J.’s parental rights be terminated?
ISSUE II. Did J.J. receive effective assistance of counsel during the trial?
(a) Whether there was clear and convincing evidence to support the District Court’s order terminating J.J.’s parental rights.
(b) Whether J.J. has established an ineffective assistance of counsel claim.
J.J., the biological father of M.M., appeals the juvenile court judgment terminating his parental rights.
The petition for termination of parental rights was filed in February, 2019, and a hearing was held in February, 2020. M., the biological mother of M.M., voluntarily terminated her parental rights and responsibilities. J.J. contested termination. The juvenile court concluded the conditions and causes of deprivation are likely to continue, and the child has been in care of social services and placed in foster care for at least 450 of the last 660 nights which is an indication of deprivation under the law. The juvenile court ordered the parental rights of M. and J.J. terminated.
On appeal, J.J argues that there was not clear and convincing evidence which established the causes and conditions of deprivation would continue, and that he received ineffective assistance of counsel at the hearing.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||02/25/2020||NOTICE OF APPEAL : 02/25/2020|
|5||02/25/2020||Oral Argument Request by Appellant|
|6||02/26/2020||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|7||02/26/2020||Notice served on Benjamin C. Pulrabek, Marlyn A. Wilder, Kathleen G. Coleman, Tracy Horob,|
|8||02/26/2020||and Christopher D. Jones|
|9||02/26/2020||Rec'd c.o.s. of ATB & ATA on T. Horob & C. Jones|
|10||02/27/2020||Rec'd 6 copies of ATB & ATA from CSD|
|11||02/28/2020||ELEC. RECORD ON APPEAL DATED FEBRUARY 27, 2020 (ENTRY NOS. 1-77)|
|12||03/09/2020||Digital Recording of Hearing dated January 7, 2020|
|13||03/09/2020||Digital Recording of Hearing dated February 3, 2020|
|14||03/09/2020||Certificate of Service for transcripts|
|15||03/10/2020||ELEC. SUPP. RECORD ON APPEAL DATED MARCH 9, 2020 (ENTRY NOS.78-81)|
|17||03/12/2020||Oral Argument Request by Appellee|
|18||03/17/2020||Rec'd 6 copies of AEB from CSD|
|19||03/25/2020||NOTICE OF ORAL ARGUMENT SENT|
|20||04/01/2020||APPEARANCES: Benjamin C. Pulkrabek; Marlyce A. Wilder|
|21||04/01/2020||ARGUED: Benjamin C. Pulkrabek; Marlyce A. Wilder|
|22||04/01/2020||ORAL ARGUMENT WEBCAST|