Interest of K.C.
- In the Interest of K.C. III, a child
State of North Dakota, Petitioner and Appellee
T.A., Mother Respondent and Appellant
K.C. II, Father, Respondent
- Case Type
- CIVIL APPEAL : TERMINATION/PARENTAL RIGHTS
- Appeal From
Case No. 2020-JV-00031
Northeast Judicial District, Ramsey County
Parties' Statement of Issues
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?
[¶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.
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.
(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|
|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.|
|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)|