State of North Dakota, Petitioner and Appellee v. M.H., Father, Respondent and Appellant (2019)

Supreme Court of North Dakota.

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 M.H., Father, Respondent and Appellant
In the Interest of J.H., a Child State of North Dakota, Petitioner and Appellee v. J.H., Child; A.H., Mother; and Jennifer Restemayer, Guardian ad Litem, Respondents M.H., Father, Respondent and Appellant
In the Interest of K.H., a Child State of North Dakota, Petitioner and Appellee v. K.H., Child; A.H., Mother; and Jennifer Restemayer, Guardian ad Litem, Respondents M.H., Father, Respondent and Appellant
In the Interest of S.H., a Child State of North Dakota, Petitioner and Appellee v. S.H., Child; A.H., Mother; and Jennifer Restemayer, Guardian ad Litem, Respondents M.H., Father, Respondent and Appellant

No. 20190018, No. 20190019, No. 20190020, No. 20190021

Decided: March 13, 2019

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.

[¶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).

Per Curiam.

[¶2] Gerald W. VandeWalle, C.J. Jon J. Jensen Lisa Fair McEvers Daniel J. Crothers Jerod E. Tufte

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