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State v. A.R.S. (In re A.R.S.)

SUPREME COURT STATE OF NORTH DAKOTA
Feb 10, 2021
2021 N.D. 15 (N.D. 2021)

Opinion

No. 20200199 No. 20200200

02-10-2021

In the INTEREST OF A.R.S., a child State of North Dakota, Petitioner and Appellee v. A.R.S., child, and B.B., father, Respondents and A.S., mother, Respondent and Appellant In the Interest of M.B., a child State of North Dakota, Petitioner and Appellee v. M.B., child, and B.B., father, Respondents and A.S., mother, Respondent and Appellant

Zachary Ista, Assistant State's Attorney, Grand Forks, ND, for petitioner and appellee; submitted on brief. Laura C. Ringsak, Bismarck, ND, for respondent and appellant; submitted on brief.


Zachary Ista, Assistant State's Attorney, Grand Forks, ND, for petitioner and appellee; submitted on brief.

Laura C. Ringsak, Bismarck, ND, for respondent and appellant; submitted on brief.

Per Curiam.

[¶1] A.S., the mother, appeals from a judgment entered by the juvenile court determining her children, A.R.S. and M.B., are deprived under N.D.C.C. § 27-20-02(8). On appeal, A.S. argues any perceived deprivation was primarily due to the financial limitations of the parents and a finding of deprivation was therefore erroneous. The juvenile court properly considered evidence of A.S.’s failure to appear for two scheduled cesarean section appointments, belligerent and yelling behavior at a hospital, and M.B. having a meconium test positive for methamphetamine after birth. We conclude the juvenile court's findings are not clearly erroneous. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

[¶2] Jon J. Jensen, C.J.

Gerald W. VandeWalle

Lisa Fair McEvers

Jerod E. Tufte

Daniel S. El-Dweek, D.J.

[¶3] The Honorable Daniel S. El-Dweek, D.J., sitting in place of Crothers, J., disqualified.


Summaries of

State v. A.R.S. (In re A.R.S.)

SUPREME COURT STATE OF NORTH DAKOTA
Feb 10, 2021
2021 N.D. 15 (N.D. 2021)
Case details for

State v. A.R.S. (In re A.R.S.)

Case Details

Full title:In the Interest of A.R.S., a child State of North Dakota, Petitioner and…

Court:SUPREME COURT STATE OF NORTH DAKOTA

Date published: Feb 10, 2021

Citations

2021 N.D. 15 (N.D. 2021)
954 N.W.2d 672