In the Interest of B.N

9 Citing cases

  1. In re D.H

    2010 N.D. 103 (N.D. 2010)   Cited 4 times

    [¶ 20] In determining whether the causes and conditions of a child's deprivation are likely to continue, a court cannot rely solely upon evidence of previous deprivation. Interest of B.N., 2003 ND 68, ¶ 22, 660 N.W.2d 610. Rather, "[t]here must be additional prognostic evidence to reasonably predict the deprivation will continue or be unremedied." Id. Prognostic evidence may include a parent's cooperation with social services, as well as the parent's background.

  2. In re A.K

    696 N.W.2d 160 (N.D. Ct. App. 2005)   Cited 6 times
    Noting the mother's conviction for methamphetamine-related offenses and child abuse and neglect, following a fire that resulted in severe burning of the child

    In re T.F., 2004 ND 126, ¶ 19, 681 N.W.2d 786; In re D.Q., at ¶ 21. A lack of parental cooperation with social service agencies is pertinent to determining if deprivation will continue. In re T.F., at ¶ 19; In re B.N., 2003 ND 68, ¶ 23, 660 N.W.2d 610; In re D.Q., at ¶ 21. "Evidence of a parent's background, including previous incidents of abuse and deprivation, may be considered in determining whether deprivation is likely to continue." In re T.F., at ¶ 12.

  3. In re B.J.K

    2005 N.D. 138 (N.D. 2005)   Cited 5 times

    [¶ 12] This Court has affirmed juvenile court judgments terminating parental rights when parents were using drugs and showed little or no signs of improving. See Interest of E.R., 2004 ND 202, 688 N.W.2d 384 (incarceration and indications that parent has not changed and may return to drugs sufficient to terminate parental rights); Interest of T.T., 2004 ND 138, 681 N.W.2d 779 (parents had previously been warned about their behavior and had not changed their behavior in over five years); Interest of B.N., 2003 ND 68, 660 N.W.2d 610 (mother failed to participate in numerous programs recommended by county social service agency to improve her parenting abilities, including parenting classes, nurturing classes, domestic violence treatment, anger management treatment, and relationship counseling); Interest of K.S., 2002 ND 164, 652 N.W.2d 341 (terminated parental rights because mother had not taken meaningful steps to address her alcoholism or receive treatment; she continued to be involved in unstable relationships with alcoholic and abusive men and continued not to cooperate and work with social services, including social workers and other professionals, in a meaningful way); Interest of D.R., 2001 ND 183, 636 N.W.2d 412 (mother abused drugs in the presence of children and lived with male roommates who had been abusive to her and the children); but see Interest of W.E., 2000 ND 208, 619 N.W.2d 494 (deprivation not likely to continue because church congregation offered mother help, and there was testimony the mother

  4. O'Hara v. Schneider

    2017 N.D. 159 (N.D. 2017)   Cited 2 times

    We recognize that appropriate treatment for domestic violence offenders is different from treatment for anger management. See Interest of B.N. & K.K. , 2003 ND 68, ¶ 24, 660 N.W.2d 610. O'Hara cannot be said to have erased his history of domestic violence by attending several anger management counseling sessions. On the narrower issue of whether unsupervised visits pose a danger to the child's physical or emotional health under § 14–09–29, it was not error to consider the counselor's testimony regarding O'Hara's progress in addressing coping skills, anger management, and emotional triggers.

  5. Perkins v. State

    2014 WY 11 (Wyo. 2014)   Cited 3 times

    See State v. Ehli, 2004 ND 125, ¶ 11, 681 N.W.2d 808, 810 (N.D.2004) (the court noted the constitutional dimension of the parent-child relationship, but stated, “[t]hat right is not, however absolute and unconditional, and it may be curtailed or suspended if harmful to the child).” Id., ¶ 9, 681 N.W.2d at 809 (citing In re B.N., 2003 ND 68, ¶ 19, 660 N.W.2d 610, 615 (N.D.2003)). Colorado upheld a similar condition because the condition specifically listed with whom the convicted sexual child-abuser could not associate.

  6. In re A.B

    2009 N.D. 116 (N.D. 2009)   Cited 11 times

    Similarly, Amy's therapist testified that Amy had made only minimal progress over nine months of therapy, had not been compliant with therapy in the past, and would need months or years of additional therapy to be prepared to parent Allison. Furthermore, the psychologist testified Amy was not motivated to change, blamed others, and had an oppositional attitude toward the social workers who were trying to help her. The psychologist also testified that Amy had a personality disorder, which caused her to be resistant to change and made it difficult for her to progress as a parent. Because Allison should not be forced to "remain in this indeterminate status midway between foster care and the obvious need for permanent placement," see Interest of B.N., 2003 ND 68, ¶ 25, 660 N.W.2d 610 (citation omitted), we conclude the juvenile court did not clearly err in finding the State had shown by clear and convincing evidence that Allison needed permanency, Amy was not amenable to treatment, and it was extremely unlikely that Amy's behaviors as a parent would change. V

  7. State v. Ehli

    2004 N.D. 125 (N.D. 2004)   Cited 8 times
    Holding that a probation condition prohibiting the defendant from having contact with minor children under the age of eighteen, including his own, was proper and not a de facto termination of parental rights

    In the same opinion, this Court also noted "[t]hat right is not, however, absolute and unconditional, and it may be curtailed or suspended if harmful to the child." Ehli I, at ¶ 7 (citing In re B.N., 2003 ND 68, ¶ 19, 660 N.W.2d 610; In re Adoption of S.A.L., 2002 ND 178, ¶ 10, 652 N.W.2d 912; In re T.K., 2001 ND 127, ¶ 12, 630 N.W.2d 38). Ehli's rights concerning visitation of his children are not absolute. If the district court determined continued contact could harm the children, Ehli does not necessarily have the right to visitation or contact. [¶ 10] Section 12.1-32-07, N.D.C.C., governs the district court's authority to impose conditions when placing a defendant on probation.

  8. In Interest of T.J.L

    682 N.W.2d 735 (N.D. 2004)   Cited 5 times

    [¶ 2] Under N.D.C.C. § 27-20-44(1)(b)(1), termination of parental rights requires satisfaction of a three-pronged test which the party petitioning for termination must prove by clear and convincing evidence: (1) the child is a deprived child; (2) the conditions and causes of the deprivation are likely to continue; and (3) by reason thereof, the child is suffering, or will probably suffer, serious physical, mental, moral, or emotional harm. In re B.N., 2003 ND 68, ¶ 18, 660 N.W.2d 610. Effective March 1, 2004, N.D.R.Civ.P. 52(a) was amended to provide that findings of fact in juvenile matters shall not be set aside unless clearly erroneous. 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.

  9. STATE v. EHLI

    2003 N.D. 133 (N.D. 2003)   Cited 10 times
    In State v. Ehli, 2003 ND 133, ¶ 1, 667 N.W.2d 635 (Ehli I), this Court reversed the district court's order vacating the March 4, 2003, order on procedural grounds.

    In re T.K., 2001 ND 127, ¶ 12, 630 N.W.2d 38; In re W.E., 2000 ND 208, ¶ 30, 619 N.W.2d 494; Hoff v. Berg, 1999 ND 115, ¶ 10, 595 N.W.2d 285. That right is not, however, absolute and unconditional, and it may be curtailed or suspended if harmful to the child. See In re B.N., 2003 ND 68, ¶ 19, 660 N.W.2d 610; In re Adoption of S.A.L., 2002 ND 178, ¶ 10, 652 N.W.2d 912; In re T.K., at ¶ 12; see also N.D.C.C. § 14-05-22(2) (a noncustodial parent may be denied visitation with the child if "visitation is likely to endanger the child's physical or emotional health"). [¶ 8] Ehli contends he was deprived of his right to establish a relationship with his children and was not afforded an opportunity to respond to the State's motion.