from the Juvenile Court of Cass County, East Central Judicial
District, the Honorable Scott A. Griffeth, Judicial Referee.
Ormand, Assistant State's Attorney, Fargo, N.D., for
petitioner and appellee; submitted on brief.
Greenwood, Fargo, N.D., for respondent and appellant N.B.,
E. Gast, Fargo, N.D., for respondent and appellant J.G.,
1] N.B., the father, and J.G., the mother, appeal from a
juvenile court order finding their child, J.B., to be a
deprived child and granting legal custody to Cass County
Social Services. We conclude clear and convincing evidence
supports the juvenile court's finding that J.B. was
deprived. We affirm.
2] In 2014, J.G. had two children removed from her care in
Grand Forks and ultimately pled guilty to four felony counts
of child neglect or abuse. J.G.'s parental rights to
those two children were involuntarily terminated in Grand
Forks in 2016. N.B. was not the father of the two children.
In February 2017, J.G. was charged with failing to register
as an offender against children, a felony, after she moved
and failed to register her address with the Fargo police
department. She pled guilty and was sentenced in September
2017 to serve ninety days of a one-year jail term with credit
for time served. She completed her sentence on November 30,
3] In August 2017, shortly after J.B.'s birth, Cass
County Social Services removed J.B. from the custody of J.G.
and N.B. In September 2017, J.B. was released to N.B.'s
physical custody under court order. In October 2017, Social
Services petitioned the juvenile court to find J.B. was a
deprived child. J.G. was serving her sentence at that time.
On November 30, 2017, the court held a trial, during which
social workers from Cass County Social Services and Grand
Forks County Social Services testified. The court also
received as evidence copies of J.G.'s 2017 criminal
judgment for failing to register as an offender against
children, the 2014 amended information for four felony counts
of child neglect or abuse, and the 2016 findings and order
terminating her parental rights to her two previous children.
4] In December 2017, the juvenile court issued its findings
of fact and an order. The court found J.B. was in need of
treatment or rehabilitation as a deprived child, granted
legal custody to Cass County Social Services for a period of
nine months, and granted physical custody to N.B. conditioned
on J.G.'s not residing in the home until approved by Cass
County Social Services. The court also ordered N.B. and J.G.
to cooperate with a treatment plan that Cass County Social
Services developed for the family to meet the needs of the
5] Under N.D.C.C. § 27-20-03(1)(a), the juvenile court
has exclusive jurisdiction over "[p]roceedings in which
a child is alleged to be... deprived." This Court has
recently reiterated the standard of review for a juvenile
A juvenile court's findings of fact should not be set
aside, unless clearly erroneous. In re T.T., 2004 ND
138, ¶ 5, 681 N.W.2d 779. "A finding of fact is
clearly erroneous under N.D.R.Civ.P. 52(a) if there is no
evidence to support it, if it is clear to the reviewing court
that a mistake has been made, or if the finding is induced by
an erroneous view of the law." Akerlind v.
Buck, 2003 ND 169, ¶ 7, 671 N.W.2d 256. "On
appeal, we review the files, records, and minutes or the
transcript of the evidence, and we give appreciable weight to
the findings of the juvenile court." In re
B.B., 2010 ND 9, ¶ 5, 777 N.W.2d 350 (citation and
quotation marks omitted). Further, this Court gives due
regard to the trial court's opportunity to judge the
credibility of the witnesses. N.D.R.Civ.P. 52(a)(6).
Interest of P.T.D., 2018 ND 97, ¶ 5, 909 N.W.2d
692 (quoting Interest of J.A.H., 2014 ND 196, ¶