Interest of I.C.

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
JUNE 21, 2023
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2023 ND 118In the Interest of I.C., a child
Lyndsey Tungseth, Cass County
Human Service Zone, Petitioner and Appellee
v.
I.C., a child; D.A., father; John Doe, father, Respondents
and
S.C., mother; Respondent and Appellant
No. 20230135
In the Interest of I.C., a child
Lyndsey Tungseth, Cass County
Human Service Zone, Petitioner and Appellee
v.
I.C., a child; Respondent
and
S.C., mother; Respondent and Appellant
No. 20230136
In the Interest of I.C., minor child
Lyndsey Tungseth, Cass County
Human Service Zone, Petitioner and Appellee
v.
I.C., child; John Doe, father; C.A., father;
P.G., father; S.P., father; Respondents
and
S.C., mother; Respondent and Appellant
No. 20230137
In the Interest of I.C., minor child
Lyndsey Tungseth, Cass County
Human Service Zone, Petitioner and Appellee
v.
I.C., child; Respondent
and
S.C., mother; Respondent and Appellant
No. 20230138
Appeal from the Juvenile Court of Cass County, East Central Judicial District,
the Honorable Daniel E. Gast, Judicial Referee.
AFFIRMED.
Per Curiam.
Rebecca R. Jund, Assistant State’s Attorney, Fargo, ND, for petitioner and
appellee.
Richard E. Edinger, Fargo, ND, for respondent and appellant.
Interest of I.C. & I.C.
Nos. 20230135, 20230136, 20230137, 20230138
Per Curiam.
[¶1] S.C. appeals from a juvenile court judgment terminating her parental
rights to I.C. and I.C. S.C. argues the court abused its discretion by not
following its order for disposition dated April 5, 2022, finding the children were
in need of protection and continuing foster care rather than terminating her
parental rights. Under N.D.C.C. § 27-20.3-20(1), a court may terminate
parental rights if the children are in need of protection and have been in the
custody of the human services zone for 450 out of the previous 660 nights.
[¶2] The juvenile court did not err by relying on N.D.C.C. § 27-20.3-26(7) to
review the prior disposition that continued the children’s placement in foster
care. The court’s findings of children in need of protection and nights in foster
care are not clearly erroneous. See Interest of A.C., 2022 ND 123, ¶ 5, 975
N.W.2d 567 (the clearly erroneous standard of review applies to factual
findings made in a termination of parental rights proceeding). As a result, the
juvenile court did not abuse its discretion terminating S.C.’s parental rights.
We summarily affirm under N.D.R.App.P. 35(1)(a)(2) and (4).
[¶3] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
Douglas A. Bahr
1