Interest of K.R.C.W. , 2020 ND 239 ( 2020 )


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  •                                                                               20200246
    FILED
    IN THE OFFICE OF THE
    CLERK OF SUPREME COURT
    NOVEMBER 19, 2020
    STATE OF NORTH DAKOTA
    IN THE SUPREME COURT
    STATE OF NORTH DAKOTA
    
    2020 ND 239
    In the Interest of K.R.C.W., A Child
    Grand Forks County Social
    Service Center,                                     Petitioner and Appellee
    v.
    K.R.C.W., a child,
    W.B., mother,                                                  Respondents
    and
    C.A.M., father,                                   Respondent and Appellant
    No. 20200246
    Appeal from the Juvenile Court of Grand Forks County, Northeast Central
    Judicial District, the Honorable Lolita G. Hartl Romanick, Judge.
    AFFIRMED.
    Per Curiam.
    Thomas A. Gehrz, Assistant State’s Attorney, Grand Forks, ND, for petitioner
    and appellee; submitted on brief.
    Laura C. Ringsak, Bismarck, ND, for respondent and appellant C.A.M.;
    submitted on brief.
    Interest of K.R.C.W.
    No. 20200246
    Per Curiam.
    [¶1] C.A.M. appeals from a district court order terminating his parental
    rights, arguing the State failed to show by clear and convincing evidence the
    child was suffering or would probably suffer serious physical, mental, moral or
    emotional harm. We affirm.
    [¶2] C.A.M. and B.W. were the parents of K.R.C.W., born in 2016. K.R.C.W.
    tested positive for marijuana at birth. In June 2017 the court placed K.R.C.W.
    into foster care. On July 28, 2020, a termination of parental rights trial was
    held. Only C.A.M. appeared. At the conclusion of trial, the court found
    K.R.C.W. was deprived and the conditions were likely to continue, the child
    was suffering or would likely continue to suffer serious physical, mental, moral,
    or emotional harm, and the child was in foster care for at least 450 of the
    previous 660 nights. The court entered a judgment terminating the parental
    rights of C.A.M. and B.W.
    [¶3] We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7). See In re
    A.L., 
    2011 ND 189
    , ¶ 9, 
    803 N.W.2d 597
    (explaining N.D.C.C. § 27-20-
    44(1)(c)(2) is clear and provides a juvenile court “may terminate parental rights
    solely on a finding of (1) deprivation and (2) that ‘[t]he child has been in foster
    care . . . for at least four hundred fifty out of the previous six hundred sixty
    nights.”’) (Emphasis in original.)
    [¶4] Jon J. Jensen, C.J.
    Gerald W. VandeWalle
    Daniel J. Crothers
    Lisa Fair McEvers
    Jerod E. Tufte
    1
    

Document Info

Docket Number: 20200246

Citation Numbers: 2020 ND 239

Judges: Per Curiam

Filed Date: 11/19/2020

Precedential Status: Precedential

Modified Date: 11/19/2020