Yon v. J.T.

Summary

The North Dakota Supreme Court affirmed juvenile court orders finding a ten-year-old child deprived due to psychological maltreatment and parental alienation and placing legal custody with the Department of Human Services while allowing the child to remain with the mother. The court rejected the mother's procedural, evidentiary, jurisdictional, and constitutional arguments and held that the deprivation finding was supported by clear and convincing evidence and was not clearly erroneous.

Holdings

1. The juvenile court's finding that the child was deprived was supported by clear and convincing evidence and was not clearly erroneous.
2. The mother's challenge to the timing of the deprivation hearing was not reviewable because she did not raise it below; in any event, the record supported good cause for extending the hearing deadline.
3. The juvenile court did not improperly combine the proceedings.
4. The juvenile court did not err by admitting the district court's memorandum decision from the custody and visitation proceeding.
5. The mother generally could not raise on appeal issues that she failed to present to the juvenile court.
6. The juvenile court did not abuse its discretion by excluding incomplete supervised-exchange records.

Questions Presented

1. Whether the delay between filing the deprivation petition and the adjudicatory hearing violated N.D.C.C. § 27-20-22 or the mother's due-process and equal-protection rights.
2. Whether the juvenile court improperly combined a deprivation proceeding with divorce-related custody and visitation proceedings.
3. Whether the juvenile court improperly admitted the former guardian ad litem's testimony and affidavit.
4. Whether the juvenile court violated the mother's constitutional rights to custody and companionship.
5. Whether testimony concerning parental alienation was improperly admitted.
6. Whether admission of social-service reports denied the mother an opportunity to cross-examine their authors or underlying witnesses.
7. Whether the juvenile court abused its discretion by excluding records from the supervised exchange center.
8. Whether clear and convincing evidence supported the finding that the child was deprived.

Disposition

affirmed