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Tungseth v. C.J. (In re Interest of G.T.)

SUPREME COURT STATE OF NORTH DAKOTA
Oct 29, 2019
2019 N.D. 247 (N.D. 2019)

Opinion

Nos. 20190257 20190258 20190259 20190260 20190265 20190266 20190267 & 20190268

10-29-2019

In the INTEREST OF G.T., a child In the Interest of E.T., a child In the Interest of C.T., a child In the Interest of I.T., a child Lyndsey Tungseth, L.S.W., Cass County Social Services, Petitioner and Appellee v. C.J. and S.T., Respondents and Appellants

Diane Davies-Luger, Assistant State’s Attorney, Fargo, ND, for petitioner and appellee; submitted on brief. E. Jane Sundby, West Fargo, ND, for respondent and appellant C.J.; submitted on brief. Monte L. Rogneby and Megan J. Gordon, Bismarck, ND, for respondent and appellant S.T.; submitted on brief.


Diane Davies-Luger, Assistant State’s Attorney, Fargo, ND, for petitioner and appellee; submitted on brief.

E. Jane Sundby, West Fargo, ND, for respondent and appellant C.J.; submitted on brief.

Monte L. Rogneby and Megan J. Gordon, Bismarck, ND, for respondent and appellant S.T.; submitted on brief.

Per Curiam. [¶1] C.J., the mother, and S.T., the father, separately appeal from a juvenile court judgment terminating parental rights to four children. The mother argues the juvenile court erred by finding the causes of the deprivation were likely to continue, causing harm to the children. The father argues several findings of fact are clearly erroneous and his due process rights were violated when the court refused to grant a continuance or make other arrangements so he could attend the termination hearing.

[¶2] We summarily affirm under N.D.R.App.P. 35.1(a)(2),(4), and (7). Matter of Adoption of J.M.H. , 1997 ND 99, ¶ 18, 564 N.W.2d 623 ("Prisoners do not have a constitutional due process right to personally appear at a proceeding for the termination of their parental rights. Prisoners' due process rights generally are satisfied if they are represented by counsel and have an opportunity to appear by deposition or other discovery technique.") (internal citation omitted). See In Interest of A.B. , 2017 ND 178, ¶ 12, 898 N.W.2d 676.

[¶3] Gerald W. VandeWalle, C.J.

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen

Jerod E. Tufte


Summaries of

Tungseth v. C.J. (In re Interest of G.T.)

SUPREME COURT STATE OF NORTH DAKOTA
Oct 29, 2019
2019 N.D. 247 (N.D. 2019)
Case details for

Tungseth v. C.J. (In re Interest of G.T.)

Case Details

Full title:In the Interest of G.T., a child In the Interest of E.T., a child In the…

Court:SUPREME COURT STATE OF NORTH DAKOTA

Date published: Oct 29, 2019

Citations

2019 N.D. 247 (N.D. 2019)
2019 N.D. 247