Interest of J.M. , 2021 ND 202 ( 2021 )


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  •                                                                              FILED
    IN THE OFFICE OF THE
    CLERK OF SUPREME COURT
    NOVEMBER 17, 2021
    STATE OF NORTH DAKOTA
    IN THE SUPREME COURT
    STATE OF NORTH DAKOTA
    
    2021 ND 202
    In the Interest of J.M., a child
    State of North Dakota,                                Petitioner and Appellee
    v.
    J.M., child,                                                     Respondent
    and
    R.M., father; S.M., mother,                       Respondents and Appellants
    No. 20210268
    In the Interest of J.M., a child
    State of North Dakota,                                Petitioner and Appellee
    v.
    J.M., child,                                                     Respondent
    and
    R.M., father; S.M., mother,                       Respondents and Appellants
    No. 20210269
    In the Interest of J.M., a child
    State of North Dakota,                                Petitioner and Appellee
    v.
    J.M., child,                                                     Respondent
    and
    R.M., father; S.M., mother,                       Respondents and Appellants
    1
    No. 20210270
    In the Interest of J.M., a child
    State of North Dakota,                                Petitioner and Appellee
    v.
    J.M., child,                                                     Respondent
    and
    R.M., father; S.M., mother,                       Respondents and Appellants
    No. 20210271
    In the Interest of J.M., a child
    State of North Dakota,                                Petitioner and Appellee
    v.
    J.M., child,                                                     Respondent
    and
    R.M., father; S.M., mother,                       Respondents and Appellants
    No. 20210272
    Appeal from the Juvenile Court of Dickey County, Southeast Judicial District,
    the Honorable Daniel D. Narum, Judge.
    AFFIRMED.
    Per Curiam.
    Kimberly J. Radermacher, State’s Attorney, Edgeley, ND, for petitioner,
    respondent, and appellee.
    Justin M. Balzer (appeared), Bismarck, ND, for respondent and appellant
    R.M., father.
    2
    Mary E. Depuydt, Wishek, ND, for respondent and appellant S.M., mother.
    3
    Interest of J.M.
    Nos. 20210268-20210272
    Per Curiam.
    [¶1] R.M., father, and S.M, mother, appeal from a juvenile court order
    terminating their parental rights to their five minor children, all of whom have
    the initials J.M. R.M. and S.M. both argue the district court erred when it
    found they subjected the children to aggravated circumstances and that
    deprivation of the children is likely to continue. S.M. argues the findings
    specific to her conduct alone are not adequate to show aggravated
    circumstances.
    [¶2] The record establishes the juvenile court’s findings are supported by
    clear and convincing evidence and are not clearly erroneous. See In re A.L.E.,
    
    2018 ND 257
    , ¶ 4, 
    920 N.W.2d 461
     (the elements required for termination of
    parental rights must be established by clear and convincing evidence; we apply
    the clearly erroneous standard of review to the juvenile court’s findings).
    Based on our review of the record, we conclude the court did not abuse its
    discretion when it terminated R.M. and S.M.’s parental rights. See In re B.H.,
    
    2018 ND 178
    , ¶ 4, 
    915 N.W.2d 668
     (when the petitioner has met its burden, the
    court has discretion in determining whether termination of parental rights
    would promote the child’s welfare).
    [¶3] We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (4).
    [¶4] Jon J. Jensen, C.J.
    Gerald W. VandeWalle
    Daniel J. Crothers
    Lisa Fair McEvers
    Jerod E. Tufte
    4
    

Document Info

Docket Number: 20210268

Citation Numbers: 2021 ND 202

Judges: Per Curiam

Filed Date: 11/17/2021

Precedential Status: Precedential

Modified Date: 11/17/2021