Interest of J.F.

2020 ND 195, 948 N.W.2d 832

• Court: North Dakota Supreme Court
• Decided: September 15, 2020
• Docket: 20200088
• Status: Published

Opinion

Filed 9/15/20 by Clerk of Supreme Court

IN THE SUPREME COURT STATE OF NORTH DAKOTA

2020 ND 195

In the Interest of J.F., a child

State of North Dakota, Petitioner and Appellee v. J.F., a child, Respondent and J.F., mother, Respondent and Appellant

No. 20200088

State of North Dakota, Petitioner and Appellee v. J.F., a child; D.M., father; Respondents and J.F., mother, Respondent and Appellant

No. 20200089

Appeal from the District Court of Barnes County, Southeast Judicial District, the Honorable Jay A. Schmitz, Judge.

AFFIRMED.

Per Curiam.

Tonya Duffy, State’s Attorney, Valley City, N.D., for petitioner and appellee; submitted on brief.

Kiara C. Kraus-Parr, Grand Forks, N.D., for respondent and appellant. Interest of J.F. Nos. 20200088 & 20200089

[¶1] J.F. appeals from a juvenile court order finding her two children, ages 2 and 5, to be deprived. On appeal, J.F. argues the juvenile court erred by finding the children to be deprived, because the physical domestic violence and any drug issues are now under control, she is living with her parents, and there is no evidence she used drugs around the children. The district court properly considered evidence of J.F.’s limited compliance with drug testing along with a positive hair follicle test on one of the children showing a level of methamphetamines similar to that of a regular user. 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] Jerod E. Tufte Lisa Fair McEvers Gerald W. VandeWalle Daniel J. Crothers Jon J. Jensen, C.J.