In Re As

2007 ND 83, 733 N.W.2d 232
CourtNorth Dakota Supreme Court
DecidedJune 7, 2007
Docket20060256
StatusPublished

This text of 2007 ND 83 (In Re As) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re As, 2007 ND 83, 733 N.W.2d 232 (N.D. 2007).

Opinion

733 N.W.2d 232 (2007)
2007 ND 83

In the Interest of A.S. and N.S., Minor Children.
Libby Wynne, Petitioner and Appellee
v.
A.S., child, N.S., child, I.S., mother, and R.S., father, Respondents.
I.S., mother, Respondent and Appellant.

No. 20060256.

Supreme Court of North Dakota.

June 7, 2007.

*235 Frederick R. Fremgen, State's Attorney, Jamestown, N.D., for petitioner and appellee.

Thomas E. Merrick, Merrick & Schaar Law Firm, Jamestown, N.D., for respondent and appellant.

MARING, Justice.

[¶ 1] I.S. ("Irene")[1] appeals the juvenile court's judgment terminating her parental rights. We conclude the juvenile court did not abuse its discretion in denying Irene's motion for continuance, and it did not err in terminating Irene's parental rights. We affirm the juvenile court's judgment terminating Irene's parental rights.

I

[¶ 2] Irene, the mother, and R.S. ("Randall"), the father, have two children, A.S. ("Andrew"), a nine-year-old boy, and N.S. ("Nadine"), an eight-year-old girl. Reports of problems in the household began in 1999 when Stutsman County Social Services ("Social Services") received a report about a domestic assault in which the children were involved. Social Services recommended the parents participate in domestic violence services, psychological evaluations, parenting classes, and case management. Irene and Randall did not participate in these services. On December 27, 1999, the police reported to Social Services that the home was dirty and the children were locked in their rooms. The children were placed in Social Services' custody from December 28, 1999, to June 28, 2000. Over the next several years, Social Services received numerous reports about Irene and her children, including: Nadine was hit on the head with a door during an altercation between Irene and Randall; Irene intentionally cut herself in front of Andrew; Irene kicked Randall and the children out of the house; and Nadine went to school without socks or gloves on a cold day and had not eaten dinner the previous two days. Services such as psychological evaluations and parenting classes had been recommended to or required of Irene numerous times since 1999. She did not participate in these services.

[¶ 3] On February 28, 2006, after a deprivation hearing, the juvenile court, in its findings of fact and order for disposition, found Andrew and Nadine were deprived children. The juvenile court also found Social Services had made reasonable efforts to prevent removal of the children from their home. The juvenile court ordered the children be removed from the care, custody, and control of their parents, and placed under the care, custody, and control of Social Services until August 23, 2006. The juvenile court ordered Social Services to make every reasonable effort to return the children to their parents. The juvenile court ordered Irene to participate in psychological and parenting capacity evaluations, and to follow through with the recommended treatment, submit to *236 urinalyses, work with a parent aide, and attend parenting classes. Irene did not comply with the juvenile court's order. On March 1, 2006, Irene arranged visitation with the children. On March 5, 2006, Irene told her social worker, Libby Wynne, that Wynne could keep the children or give them to Randall. On March 6, 2006, Irene told Wynne she would sign over her parental rights to the children. On March 15, 2006, Irene told Wynne she wanted to terminate her parental rights. On May 3, 2006, Wynne filed a petition for termination of parental rights.

[¶ 4] A termination of parental rights hearing was scheduled for May 31, 2006. In the May 3, 2006, summons, Irene was informed that if she intended to have legal counsel she had to file an application for court-appointed counsel within two weeks of service of the summons. Irene appeared at the hearing without a lawyer. The juvenile court continued the hearing until August 18, 2006, after Irene requested court-appointed counsel. Irene submitted an application for court-appointed counsel on June 13, 2006, and received court-appointed counsel on June 14, 2006. On June 26, 2006, a notice to appear on August 18, 2006, was filed. On July 12, 2006, Irene was served with the notice to appear. On July 17, 2006, the juvenile court ordered that Andrew and Nadine remain in the care, custody, and control of Social Services until August 23, 2007.

[¶ 5] On July 27, 2006, Irene moved for an order continuing the August 18, 2006, hearing for at least ninety days because she did not wish to have her parental rights terminated; she was willing to take psychological and parenting capacity evaluations; she wished to reestablish contact with her children; and she wanted to reunite with her children. Irene participated in psychological and parenting capacity evaluations on August 11, 2006. On August 17, 2006, the juvenile court denied Irene's motion for continuance. The hearing took place on August 18, 2006. At the hearing, Irene orally moved for continuance, informing the juvenile court of her completion of the psychological and parenting capacity evaluations. The results of those evaluations had not been completed at the time of the hearing. The juvenile court denied the motion. On September 20, 2006, the trial court entered a judgment terminating Irene's parental rights.

II

[¶ 6] Irene argues the juvenile court abused its discretion in denying her motion for continuance. The juvenile court's decision to grant or deny a motion for continuance will not be reversed on appeal unless there was an abuse of discretion. State v. Kunkel, 452 N.W.2d 337, 339 (N.D.1990). There is an abuse of discretion when the juvenile court acts unreasonably, arbitrarily, or unconscionably. Id. This Court looks to the particular facts and circumstances of each case when reviewing the juvenile court's decision on a motion for continuance because there is not a mechanical test to determine whether the juvenile court abused its discretion. Id.

[¶ 7] In its order denying Irene's motion for continuance, the juvenile court found: "The hearing in this matter was originally scheduled to be heard on May 31, 2006, and was continued at that time at the request of [Irene]. The motion for a further continuance is denied, and the hearing will take place as scheduled on August 18, 2006." At the August 18, 2006, hearing, the juvenile court said:

[Irene's counsel] mentioned the evaluation wasn't completed, I was concerned but that might have been something that was not the fault of [Irene], whether or not it is or is not I don't know at this *237 point, but I note as I indicated it was ordered back at the end of February so there's been several months that have gone by, that's certainly something that can be raised through testimony. . . .

[¶ 8] We conclude the juvenile court did not abuse its discretion in denying Irene's motion for continuance. Her motion for continuance was based on the unavailability of the psychological and parenting capacity evaluation results. Irene had from February 28, 2006, to July 27, 2006, — the date she moved for continuance — to comply with the juvenile court's order requiring her to participate in psychological and parenting capacity evaluations, to submit to urinalyses, to work with a parent aide, and to attend parenting classes.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Interest of LF
1998 ND 129 (North Dakota Supreme Court, 1998)
In Re BJK
2005 ND 138 (North Dakota Supreme Court, 2005)
State v. Kunkel
452 N.W.2d 337 (North Dakota Supreme Court, 1990)
Cheadle v. R.M.B.
402 N.W.2d 912 (North Dakota Supreme Court, 1987)
Knoll ex rel. Cass County Social Services v. D.M.
2007 ND 62 (North Dakota Supreme Court, 2007)
Wynne v. A.S.
2007 ND 83 (North Dakota Supreme Court, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
2007 ND 83, 733 N.W.2d 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-as-nd-2007.