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Interest of K.C.

Docket No. 20210122
Oral Argument: Waived

Docket Info

Title
In the Interest of K.C. III, a child

State of North Dakota, Petitioner and Appellee
v.
T.A., Mother Respondent and Appellant
and
K.C. II, Father, Respondent
Case Type
CIVIL APPEAL : TERMINATION/PARENTAL RIGHTS
Appeal From
Case No. 2020-JV-00031
Northeast Judicial District, Ramsey County
Lonnie Olson

Parties' Statement of Issues

  • Appellant

    I. Whether the District Court erred in holding the hearing with the absence of the Respondent father?
    II. Whether the District Court erred in finding beyond a reasonable doubt that the children were deprived children?

  • Appellee 1

    [¶1] Whether the District Court abused its discretion in holding the adjudication hearing without the respondent father being present.
    [¶2] Whether the District Court erred in finding by clear and convincing evidence that the children are deprived and by finding beyond a reasonable doubt that continued custody of the children by the parent is likely to result in serious emotional or physical damage to the children.


Summary

T.A. appeals from a juvenile court’s findings of fact and orders terminating her parental rights.

On June 1, 2020, the State filed a petition to terminate the parental rights of T.A. and K.C. II over their children, K.C. III, E.C., and H.A. The petition alleged T.A. had deprived the children “by not providing the necessary care for the children’s physical, mental, or emotional health.” The petition listed multiple instances of alleged deprivation. It also alleged K.C. II had abandoned his children. On February 17, 2021, the juvenile court held a hearing on the petition for termination. K.C. II was not present at the hearing. The court issued written orders terminating T.A. and K.C. II’s parental rights over the three children on March 23, 2021.

On appeal, T.A. argues the juvenile court abused its discretion when it proceeded with the termination hearing in K.C. II’s absence. Additionally, she argues the court erred when it found the State met its burden of proof for the termination.


Briefs

Filing Date Description
04/21/2021 APPELLANT BRIEF View
05/12/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Ulysses Samuel Jones - 06051
APPELLEE ASST. STATE'S ATTORNEY Maren H Halbach - 04229

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 04/21/2021 NOTICE OF APPEAL : 04/21/2021
2 04/21/2021 ORDER FOR TRANSCRIPT
3 04/21/2021 APPELLANT BRIEF View
4 04/21/2021 APPELLANT APPENDIX
5 04/22/2021 ------------------------CONFIDENTIAL-------------------------
6 04/22/2021 This case is cons. w/ 20210123 & 20210124. Make all entries except ROA, DIS, & MAN in 20210122
7 04/22/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
8 04/22/2021 Notice Served on Ulysses S. Jones, Maren H. Halbach, Emily Simmons, Christopher D. Jones and
9 04/22/2021 Spirit Lake and Mountain Lake
10 04/26/2021 Rec'd non-substantive corrections to ATA and Service Docs
11 04/26/2021 AMENDED NOTICE OF APPEAL : 04/26/2021
12 04/26/2021 AMENDED ORDER FOR TRANSCRIPT
13 04/26/2021 NOT. OF FILING AMENDED NOT. OF APPEAL AND PROOF OF SERV.
14 04/26/2021 Notice Served on Ulysses S. Jones, Maren H. Halbach, K.C. II Emily Simmons, Christopher D. Jones &
15 04/26/2021 Spirit Lake and Mountain Lake
16 04/28/2021 Rec'd 4 copies ATB & ATA from CSD
17 04/29/2021 NOTICE OF ORAL ARGUMENT SENT
18 04/30/2021 ELEC. RECORD ON APPEAL DATED APRIL 30, 2021 (ENTRY NOS. 1-104)
19 04/29/2021 DIGITAL RECORDING OF HEARING DATED FEBRUARY 17, 2021 (FIRST SESSION)
20 04/29/2021 DIGITAL RECORDING OF HEARING DATED FEBRUARY 17, 2021 (SECOND SESSION)
21 04/29/2021 Certificate of Service of digital recordings
22 04/30/2021 Rec'd correction to digital recording & service on additional parties
23 05/03/2021 Letter dated 4/22/21 to K.C. II, returned undeliverable; unable to forward.
24 05/07/2021 Letters (tra & roa) dated 4/30/21 to K.C. II, returned undeliverable; unable to forward.
25 05/10/2021 Letters dated 4/29/21 to K.C. II, returned undeliverable; unable to forward.
26 05/12/2021 APPELLEE BRIEF View
27 05/12/2021 rec'd non-substantive correction to AEB (redaction)
28 05/13/2021 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
29 05/14/2021 Rec'd 4 copies of AEB from CSD
30 05/17/2021 1ST ELEC. SUPP. RECORD ON APPEAL DATED MAY 14, 2021 (ENTRY NOS. 105-107)
31 05/18/2021 ANNOUNCED DISQUALIFICATION : Crothers, Daniel John
32 05/18/2021 SITTING WITH THE COURT : Neumann, William A.
33 05/20/2021 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c)
34 05/20/2021 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c)