Interest of A.R.S.

2021 ND 15, 954 N.W.2d 672

• Court: North Dakota Supreme Court
• Decided: February 10, 2021
• Docket: 20200199
• Status: Published

Opinion

FILED IN THE OFFICE OF THE CLERK OF SUPREME COURT FEBRUARY 10, 2021 STATE OF NORTH DAKOTA

IN THE SUPREME COURT STATE OF NORTH DAKOTA

2021 ND 15

In the Interest of A.R.S., a child ---------- State of North Dakota, Petitioner and Appellee v. A.R.S., child, and B.B., father, Respondents and A.S., mother, Respondent and Appellant

No. 20200199

In the Interest of M.B., a child ---------- State of North Dakota, Petitioner and Appellee v. M.B.., child, and B.B., father, Respondents and A.S., mother, Respondent and Appellant

No. 20200200

Appeal from the Juvenile Court of Grand Forks County, Northeast Central Judicial District, the Honorable Jay D. Knudson, Judge.

AFFIRMED.

Per Curiam. Zachary Ista, Assistant State’s Attorney, Grand Forks, ND, for petitioner and appellee; submitted on brief.

Laura C. Ringsak, Bismarck, ND, for respondent and appellant; submitted on brief. Interest of A.R.S. and M.B. Nos. 20200199, 20200200

Per Curiam.

[¶1] A.S., the mother, appeals from a judgment entered by the juvenile court determining her children, A.R.S. and M.B., are deprived under N.D.C.C. § 27-20-02(8). On appeal, A.S. argues any perceived deprivation was primarily due to the financial limitations of the parents and a finding of deprivation was therefore erroneous. The juvenile court properly considered evidence of A.S.’s failure to appear for two scheduled cesarean section appointments, belligerent and yelling behavior at a hospital, and M.B. having a meconium test positive for methamphetamine after birth. We conclude the juvenile court’s findings are not clearly erroneous. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

[¶2] Jon J. Jensen, C.J. Gerald W. VandeWalle Lisa Fair McEvers Jerod E. Tufte Daniel S. El-Dweek, D.J.

[¶3] The Honorable Daniel S. El-Dweek, D.J., sitting in place of Crothers, J., disqualified.