Sand v. R.J.

Summary

The North Dakota Supreme Court affirmed an order terminating R.J.’s parental rights to her three children. The court held that clear and convincing evidence supported findings that the conditions and causes of deprivation were likely to continue and that termination was necessary to prevent harm to the children. The court also held that applying North Dakota’s expedited parental-rights appeal procedure did not violate R.J.’s procedural due process rights.

Holdings

1. The juvenile court did not clearly err in finding that the conditions and causes of the children's deprivation were likely to continue.
2. The juvenile court did not clearly err in finding that termination of R.J.'s parental rights was necessary to prevent serious physical, mental, moral, or emotional harm to the children.
3. Application of the expedited appeal procedures in N.D.R.App.P. 2.2 did not unconstitutionally infringe R.J.'s right to procedural due process.

Questions Presented

1. Whether clear and convincing evidence established that the conditions and causes of the children's deprivation were likely to continue.
2. Whether clear and convincing evidence established that termination of R.J.'s parental rights was necessary to prevent serious physical, mental, moral, or emotional harm to the children.
3. Whether the expedited appeal procedures required by N.D.R.App.P. 2.2 unconstitutionally infringed R.J.'s right to procedural due process.

Disposition

affirmed