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State v. J.A.H. (In re Interest of J.A.H.)

Supreme Court of North Dakota.
Feb 12, 2015
861 N.W.2d 172 (N.D. 2015)

Opinion

Nos. 20140145 20140146.

02-12-2015

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.

Quinn P. Fylling, Bismarck, ND, for respondent and appellant. Justin M. Balzer, Morton County Assistant State's Attorney, Mandan, ND, for petitioner and appellee.


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

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

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. VANDE WALLE, C.J., LISA FAIR McEVERS, DANIEL J. CROTHERS, DALE V. SANDSTROM, and CAROL RONNING KAPSNER, JJ., concur.


Summaries of

State v. J.A.H. (In re Interest of J.A.H.)

Supreme Court of North Dakota.
Feb 12, 2015
861 N.W.2d 172 (N.D. 2015)
Case details for

State v. J.A.H. (In re Interest of J.A.H.)

Case Details

Full title:In the Interest of J.A.H., child State of North Dakota, Petitioner and…

Court:Supreme Court of North Dakota.

Date published: Feb 12, 2015

Citations

861 N.W.2d 172 (N.D. 2015)