from the Juvenile Court of Grand Forks County, Northeast
Central Judicial District, the Honorable M. Jason McCarthy,
Jacqueline A. Gaddie, Assistant State's Attorney
(appeared), and Jenna Bergman (argued) and Victoria Konidaris
(on brief), third-year law students, under the Rule on
Limited Practice of Law by Law Students, Grand Forks, N.D.,
for petitioner and appellee.
S. Rosenquist, Grand Forks, N.D., for respondent and
1] A.D.C. appeals the juvenile court's judgments and
orders terminating her parental rights. Because A.D.C.'s
notice of appeal was untimely, we are without jurisdiction
and we dismiss this appeal.
2] A.D.C. is the mother of T.S.C., T.L.C., and N.L.F. In June
2017, Grand Forks County Social Services petitioned for
involuntary termination of A.D.C.'s parental rights. In
October 2017, an evidentiary hearing was held. The juvenile
court concluded that A.D.C.'s children were deprived, and
entered three substantially similar orders terminating
A.D.C.'s parental rights to T.S.C., T.L.C., and N.L.F. on
November 16, 2017, November 30, 2017, and December 1, 2017.
3] A.D.C. filed a notice of appeal on January 16, 2018. On
February 2, 2018, she filed a request to extend the time to
file the notice of appeal, a motion for leave of court rules,
and a brief on the merits.
4] A.D.C. argues that her notice of appeal is timely. Section
27-20-45(6), N.D.C.C., provides:
Subject to the disposition of an appeal, upon the expiration
of thirty days after an order terminating parental rights is
issued under this section, the order cannot be questioned by
any person, including the petitioner, in any manner, or upon
any ground, including fraud, misrepresentation, failure to
give any required notice, or lack of jurisdiction of the
parties or of the subject matter, unless the person retained
custody of the child.
2.2(a), N.D.R.App.P., provides that an "appeal from an
order terminating parental rights must be taken by filing a
notice of expedited appeal with the clerk of the supreme
court within 30 days after entry of the order." The
juvenile court entered separate orders terminating
A.D.C.'s parental rights to N.L.F., T.L.C., and T.S.C. on
November 16, 2017, November 30, 2017, and December 1, 2017,
respectively. The deadlines to file notices of appeal
calculated according to N.D.R.App.P. 26 were December 18,
2017 (N.L.F.), and January 2, 2018 (T.L.C. and T.S.C.).
Because A.D.C. did not file a notice of appeal until January
16, 2018, her appeal was untimely under N.D.C.C. §
27-20-45(6) and N.D.R.App.P. 2.2(a).
5] Rule 4(a)(4)(A), N.D.R.App.P., allows for an extension of
time if "(i) a party so moves no later than 30 days
after the time prescribed by subdivision (a) expires; and
(ii) that party shows excusable neglect or good cause."
Further, N.D.R.App.P. 4(a)(4)(C) provides, "No extension
under paragraph (a)(4) may exceed 30 days after the
prescribed time." Rule 4(a)(1), N.D.R.App.P., provides
for the time for filing a notice of appeal in civil cases,
generally, which must be performed within 60 days. As
discussed above, Rule 2.2(a), not Rule 4(a)(1), controls when
a notice of appeal is made in terminations of parental
rights. Even if a 30-day extension was available under Rule
4(a)(4)(A), A.D.C. did not timely move for an extension. A
motion for a 30-day ...