Interest of C.H.

2019 ND 61

• Court: North Dakota Supreme Court
• Decided: March 13, 2019
• Docket: 20190018
• Status: Published

Opinion

Filed 3/13/19 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA

2019 ND 61

In the Interest of C.H., a Child

State of North Dakota, Petitioner and Appellee

v.

C.H., Child; A.H., Mother; and Jennifer Restemayer, Guardian ad Litem, Respondents

and

M.H., Father, Respondent and Appellant

No. 20190018

In the Interest of J.H., a Child

J.H., Child; A.H., Mother; and Jennifer Restemayer, Guardian ad Litem, Respondents

No. 20190019 In the Interest of K.H., a Child

K.H., Child; A.H., Mother; and Jennifer Restemayer, Guardian ad Litem, Respondents

No. 20190020

In the Interest of S.H., a Child

S.H., Child; A.H., Mother; and Jennifer Restemayer, Guardian ad Litem, Respondents

No. 20190021

Appeal from the Juvenile Court of Cass County, East Central Judicial District, the Honorable Scott A. Griffeth, Judicial Referee.

AFFIRMED.

Per Curiam.

2 Constance L. Cleveland, Assistant State’s Attorney, Fargo, ND, for petitioner and appellee; submitted on brief.

Daniel E. Gast, Fargo, ND, for respondent and appellant M.H., Father; submitted on brief.

3 Interest of C.H., J.H., K.H., and S.H. Nos. 20190018-20190021

Per Curiam. [¶1] M.H. appeals from a juvenile court judgment terminating his parental rights to his four children. On appeal, M.H. argues the juvenile court erred by finding the children to be deprived and that the causes of the deprivation were likely to continue, causing harm to the children. The juvenile court terminated parental rights based on several findings, including finding the children were subjected to aggravated circumstances under N.D.C.C. § 27-20-02(3)(b) and (h), due to M.H.’s failure to address substance abuse issues and the children’s exposure to methamphetamine. We conclude the juvenile court’s finding of aggravated circumstances is supported by clear and convincing evidence, is not clearly erroneous, and supports the termination of M.H.’s parental rights. See Interest of D.M.W., 2019 ND 8, ¶ 1, 921 N.W.2d 426 (exposure to aggravated circumstances is an adequate ground for termination of parental rights). We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7). [¶2] Gerald W. VandeWalle, C.J. Jon J. Jensen Lisa Fair McEvers Daniel J. Crothers Jerod E. Tufte