Jacqueline A. Gaddie, Assistant States Attorney, Petitioner and Appellee v. S.A., a child, and M.R.K., father, Emily Crothers, Guardian ad Litem, Respondents (2021)

Supreme Court of North Dakota.

In the INTEREST OF S.A., a child Jacqueline A. Gaddie, Assistant States Attorney, Petitioner and Appellee v. K.A., mother, Respondent and Appellant S.A., a child, and M.R.K., father, Emily Crothers, Guardian ad Litem, Respondents

In the Interest of H.A., a child Jacqueline A. Gaddie, Assistant States Attorney, Petitioner and Appellee v. K.A., mother, Respondent and Appellant H.A., a child, and J.G., father, Emily Crothers, Guardian ad Litem, Respondents

No. 20210061, No. 20210062

Decided: October 28, 2021

Jacqueline A. Gaddie, Assistant State's Attorney, Grand Forks, N.D., for petitioner and appellee; submitted on brief. Laura C. Ringsak, Bismarck, N.D., for respondent and appellant; submitted on brief.

[¶1] K.A. appeals from an order entered by the juvenile court determining her children, S.A. and H.A., to be deprived under N.D.C.C. § 27-20-02(8) (now N.D.C.C. § 27-20.3-01(5)(a)). The juvenile court ordered the children be removed from K.A.’s home and placed under the care, custody, and control of the Director of the Grand Forks County Human Services Zone for appropriate placement for 12 months. On appeal, K.A. argues the juvenile court erred by finding the children to be deprived. We conclude the juvenile court's findings are supported by clear and convincing evidence and 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 Allan L. Schmalenberger, S.J.[¶3] The Honorable Allan L. Schmalenberger, Surrogate Judge, sitting in place of Crothers, J. disqualified.