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Interest of A.P.

Docket No. 20220201
Oral Argument: Monday, November 28, 2022 10:45 AM

Docket Info

Title
In the Interest of A.P., a child

State of North Dakota, Petitioner
v.
A.P., child; S.P., mother; B.P., father; Respondents
and
D.L.W., grandmother; M.W., grandfather; Interested Parties
and
Karena Jensen, foster mother;
and Keith Jensen, foster father, Interested Parties and Appellants

Case Type
CIVIL APPEAL : JUVENILE LAW
Appeal From
Case No. 2018-JV-00084
Northwest Judicial District, Williams County
Joshua B. Rustad
Oral Argument 11/28/2022

Parties' Statement of Issues

  • Appellant

    Issue 1: The Order Denying Motion to Modify and Order Approving Transition Plan is Appealable.
    Issue 2: Whether the District Court failed to make findings sufficient to allow the Supreme Court to review them.
    Issue 3: Whether the District Court failed to analyze the best interest factors, and failed to find that those factors favor the Jensens.
    Issue 4: Whether the District Court improperly delegated its authority to North Star Human Service Zone
    Issue 5: Whether the Appearance of Impropriety in this case warrants reversal
    Issue 6: Whether the Court’s findings as to the suitability of the W. family is supported by the evidence presented in this case.


Summary

Keith and Karena Jensen (“Jensens”), foster parents for A.P., appeal from a juvenile court’s order denying their motion to modify and order approving transition plan.

In August 2018, A.P. was taken into protective custody and placed in the temporary care, custody, and control of Williams County Social Services, n/k/a North Star Human Service Zone (“North Star”). A.P. was born in 2013, is autistic and was completely nonverbal and unable to communicate in 2018. A.P. was placed with the Jensens, as foster parents, and had been in their care since then. In 2021, after learning the State intended to transfer A.P. from their home to A.P.’s maternal grandparents’ home in Florida, the Jensens moved to prevent the transfer without a reasonable transition period. After a hearing, the court entered an emergency order granting the minor child to remain with the foster parents until further order. In October 2021, the Jensens moved to modify the amended juvenile permanency hearing order from the care, custody, and control of North Star to the Jensens. In December 2021, the court held an evidentiary hearing on a reasonable period of time to facilitate a beneficial transition for the child and on the Jensens’ motion to modify. In April 2022, the court held a second portion of the hearing. The court subsequently entered its order denying the Jensens’ motion and approving the transition plan.

On appeal, the Jensens argue the juvenile court’s order denying their motion and order approving transition plan is appealable. They further argue the court failed to make findings sufficient to allow review on appeal, the court erred in failing to analyze the best interest factors and to find those factors favored the Jensens, and the court improperly delegated its authority to North Star. They further contend an appearance of impropriety warrants reversal and the court’s findings as to the suitability of the maternal grandparents’ family is not supported by the evidence presented.


Briefs

Filing Date Description
09/16/2022 APPELLANT BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Thomas E. Kalil - 06918

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

Seq. # Filing Date Description Attachment
1 07/11/2022 NOTICE OF APPEAL : 07/11/2022
2 07/11/2022 ORDER FOR TRANSCRIPT : 07/14/2022
3 07/12/2022 Rec'd corrections to NOA & OTR (redactions)
4 07/14/2022 Rec'd filing fee
5 07/14/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
6 07/14/2022 Notice Served on Thomas E. Kalil, Seymour R. Jordan, Misty L. Nehring, Benjamin C. Pulkrabek and
7 07/14/2022 B.P. and S.P.
8 07/15/2022 MOTION FOR STAY BY APPELLANTS - RspDue : 07/29/2022
9 07/20/2022 APPEALABILITY TO BE BRIEFED WITH MERITS
10 07/20/2022 ACTION BY SUPREME COURT (temporary stay until further order of the Court) - Granted
11 07/28/2022 Response Filed to Motion for Stay by State
12 07/29/2022 Amended Order for Transcript (corrected date)
13 07/29/2022 Response Filed to Motion for Stay by D.L.W. & M.W. (redacted)
14 08/02/2022 Rec'd redacted documents for response to motion for stay DLW & MW and proof of service
15 08/03/2022 ACTION BY SUPREME COURT (dissolving temp. stay & denying Mot. for Stay - Denied
16 08/04/2022 ELEC. RECORD ON APPEAL DATED AUGUST, 3, 2022 (ENTRY NOS. 1-317)
17 08/09/2022 1ST ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 8, 2022 (ENTRY NOS. 318-319)
18 08/09/2022 All Transcripts Filed in Record
19 08/10/2022 2ND ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 9, 2022 (ENTRY NOS. 320-327) View
20 09/08/2022 3RD ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 7, 2022(ENTRY NOS. 328-331) View
21 09/16/2022 APPELLANT BRIEF View
22 09/16/2022 Oral Argument Request by Appellant
23 09/20/2022 Proof of Service of ATB filed on 9/16/22
24 09/20/2022 Rec'd proof of service of ATB on M. Nehring
25 09/21/2022 Rec'd 3 copies of ATB from CD
26 09/29/2022 4TH ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 28, 2022(ENTRY NOS. 332-337 ) View
27 10/18/2022 No Appellee's Brief Filed
28 10/18/2022 MOT. EXT/TIME APPELLEE BRIEF by State of North Dakota View
29 10/19/2022 ACTION BY CLERK - Denied
30 10/19/2022 NOTICE OF ORAL ARGUMENT SENT
31 11/03/2022 5TH ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 2, 2022(ENTRY NOS. 338-343 ) View
32 11/14/2022 6TH ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 12, 2022(ENTRY NOS. 344-348) View
33 11/28/2022 APPEARANCES: Thomas E. Kalil/waived for Appellees under 34(a)(1)(A)
34 11/28/2022 ARGUED: Thomas E. Kalil/waived for Appellees under 34(a)(1)(A)
35 11/28/2022 ORAL ARGUMENT WEBCAST