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In re J.A.H.

Supreme Court of North Dakota

February 12, 2015

In the Interest of J.A.H., child; State of North Dakota, Petitioner and Appellee
v.
J.A.H., Child; M.U., Mother, R.H., Father, and the Guardian ad Litem, Janice Briese, Respondents, M.U., Mother Appellant; In the Interest of D.H., child; State of North Dakota, Petitioner and Appellee
v.
D.H., Child; M.U., Mother, R.H., Father, and the Guardian ad Litem, Janice Briese, Respondents, M.U., Mother Appellant

Appeal from the Juvenile Court of Morton County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.

Quinn P. Fylling, Bismarck, ND, for respondent and appellant.

Justin M. Balzer, Morton County Assistant State's Attorney, Mandan, ND, for petitioner and appellee.

Gerald W. VandeWalle, C.J., Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom, Carol Ronning Kapsner.

OPINION

Per Curiam.

[¶1] M.U. appeals from a juvenile court order removing her children and placing them in the custody of Social Services. M.U. argues the children should not be removed and placed in the custody of Social Services because the juvenile court's finding of deprivation was inadequate and not supported by clear and convincing evidence. While retaining jurisdiction under N.D.R.App.P. 35(a)(3), we remanded to the juvenile court to make expedited findings of fact to determine whether the children were deprived. Interest of J.A.H., 2014 ND 196, ¶ 14, 855 N.W.2d 394. Upon review of the juvenile court's expedited findings of fact, on remand, we conclude the juvenile court's findings are supported by clear and convincing evidence and, therefore, are not clearly erroneous. We affirm the juvenile court's order under N.D.R.App.P. 35.1(a)(2).

[¶2] Gerald W. VandeWalle, C.J., Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom, Carol Ronning Kapsner.


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