State of North Dakota, Petitioner and Appellee v. A.S., mother, Respondent and Appellant (2021)

Supreme Court of North Dakota.

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

No. 20200199, No. 20200200

Decided: February 10, 2021

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.

[¶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).

Per Curiam.

[¶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.

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