Skip to main content

State of North Dakota, Petitioner and Appellee v. J.H., father, Respondent and Appellant (2021)

Supreme Court of North Dakota.

In the INTEREST OF K.H., a child State of North Dakota, Petitioner and Appellee v. K.H., child; A.C., mother, Respondents J.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.C., mother, Respondents J.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.C., mother, Respondents J.H., father, Respondent and Appellant

No. 20210245, No. 20210246, No. 20210247

Decided: October 14, 2021

Maren H. Halbach, Assistant State's Attorney, Devils Lake, ND, for petitioner and appellee; submitted on brief. Ulysses S. Jones, Devils Lake, ND, for respondent and appellant; submitted on brief.

[¶1] J.H. appealed from a juvenile court's findings of fact and orders terminating his parental rights to K.H., K.H., and K.H. On appeal, J.H. argues the court erred by finding by clear and convincing evidence that the causes of deprivation are likely to continue and by finding beyond a reasonable doubt that continued custody of the children by the father is likely to result in serious emotional or physical damage to the children.

[¶2] We conclude the evidence was sufficient to prove by clear and convincing evidence the children are deprived, the conditions and causes of deprivation are likely to continue, and the children are suffering, or will in the future probably suffer, serious physical, mental, moral, or emotional harm as required for the termination of parental rights under N.D.C.C. § 27-20-44 (now N.D.C.C. § 27-20.3-20). The evidence was also sufficient to prove beyond a reasonable doubt that the continued custody of the children by J.H. is likely to result in serious emotional or physical damage to the children under the Indian Child Welfare Act, 25 U.S.C. § 1912(f). We conclude the juvenile court did not abuse its discretion in terminating J.H.’s parental rights. We summarily affirm the orders under N.D.R.App.P. 35.1(a)(2) and (4).

Per Curiam.

[¶3] Jon J. Jensen, C.J. Gerald W. VandeWalle Lisa Fair McEvers Jerod E. Tufte Gary H. Lee, D.J.[¶4] The Honorable Gary H. Lee, D.J., sitting in place of Crothers, J., disqualified.

Was this helpful?

Thank you. Your response has been sent.

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law
State of North Dakota, Petitioner and Appellee v. J.H., father, Respondent and Appellant (2021)

Docket No: No. 20210245, No. 20210246, No. 20210247

Decided: October 14, 2021

Court: Supreme Court of North Dakota.

Get a profile on the #1 online legal directory

Harness the power of our directory with your own profile. Select the button below to sign up.

Sign up

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Learn more about the law
Copied to clipboard