Interest of D.M.H.

2019 ND 88, 924 N.W.2d 789

Opinion

Per Curiam.

[¶1] S.L.S., the mother of D.M.H., a minor child, appeals from the juvenile court's order appointing the child's paternal grandparents as legal guardians for D.M.H. The juvenile court did not establish a visitation schedule for S.L.S. Her parental rights have not been terminated. S.L.S. argues the juvenile court should have included a visitation schedule in its order rather than delegate visitation decisions to the child's guardians. The State agrees with S.L.S. and joins her request for a remand for the juvenile court to establish a visitation schedule.

[¶2] We summarily reverse under N.D.R.App.P. 35.1(b) and remand for further proceedings. Interest of G.L. , 2018 ND 176 , ¶ 15, 915 N.W.2d 685 (holding a juvenile court may not delegate parental visitation to a child's guardian). We remand for a determination by the juvenile court whether visitation "is likely to endanger the child's physical or emotional health." Id. at ¶ 14 ; N.D.C.C. § 14-05-22(2). If the juvenile court finds that visitation between S.L.S. and D.M.H. is not a danger to the child, it must order an appropriate visitation schedule.

[¶3] Gerald W. VandeWalle, C.J.

Jerod E. Tufte

Daniel J. Crothers

Lisa Fair McEvers

Donovan J. Foughty, D.J.

[¶4] The Honorable Donovan J. Foughty, D.J., sitting in place of Jensen, J., disqualified.