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In the Interest of J.N., A Child v. J.N.

December 18, 2012

IN THE INTEREST OF J.N., A CHILD STATE OF NORTH DAKOTA,
PETITIONER AND APPELLEE
v.
J.N., A CHILD, L.P., MOTHER, B.N., FATHER,
RESPONDENTS
B.N., FATHER,
APPELLANT IN THE INTEREST OF J.N., A CHILD STATE OF NORTH DAKOTA,
PETITIONER AND APPELLEE
v.
J.N., A CHILD, L.P., MOTHER, B.N., FATHER,
RESPONDENTS
B.N., FATHER,
APPELLANT



Appeals from the Juvenile Court of Barnes County, Southeast Judicial District, the Honorable John T. Paulson, Judge.

The opinion of the court was delivered by: Crothers, Justice.

N.D. Supreme CourtInterest of J.N.,

2012 ND 256

This opinion is subject to petition for rehearing. [Go to Documents]

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REVERSED AND REMANDED.

Opinion of the Court by Crothers, Justice.

[¶1] B.N. appeals from juvenile court orders terminating his parental rights to J.N. and J.N. We reverse and remand, concluding the juvenile court failed to make a required finding of fact and the court's findings did not adequately explain the basis for its decision.

I

[¶2] B.N. is the father and L.P. is the mother of J.N. and J.N. The parents and children lived together in Georgia. B.N. and L.P. were not married and eventually split up. L.P. and the children moved to North Dakota. B.N. subsequently married and has two children with his wife.

[¶3] L.P. had substance abuse problems and had difficulty maintaining employment and a safe residence for herself and the children. On July 29, 2010, Barnes County Social Services removed the children from L.P.'s care and placed them in foster care. Attempts were made to reunite the children with L.P., and in July 2011 it appeared she would get the children back. L.P.'s situation deteriorated, and in December 2011, the State petitioned to terminate the parental rights of L.P. and B.N. The children were two and four years old at the time of the petition for termination.

[¶4] When L.P. regressed after July 2011, Barnes County Social Services attempted to reunite the children with B.N. After the petition for termination was filed, B.N. moved his family to North Dakota, began visiting J.N. and J.N. and underwent psychological and substance abuse evaluations.

[ΒΆ5] Following an August 2012 evidentiary hearing, the juvenile court found the children came within the provisions of the Uniform Juvenile Court Act and reasonable efforts had been made to reunite the children with L.P. and B.N. The court also found the State met the criteria for termination of parental ...


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