Jasmine Flaten, L.B.S.W., Petitioner and Appellee v. E.S., Mother, Respondent and Appellant (2026)

[¶1] E.S., the mother of R.S., appeals from an order terminating her parental rights. E.S. argues the juvenile court abused its discretion by granting the petitioner's motion for default when she failed to appear at the status conference.

[¶2] Rule 10(a)(3), N.D.R.Juv.P., provides the parent of a child “must be present at all hearings unless excused by the court,” and “[t]he court may proceed if it is in the best interests of the child to do so even if the parent ․ fails to appear.” Under N.D.R.Juv.P. 10(b), if after being properly served, a parent “fails to appear at a hearing, the court may receive evidence in support of the petition or reschedule the hearing” and “[i]f the petition is proved by the applicable burden of proof, the court may enter an order granting the relief sought in the petition.” We review a juvenile court's decisions to grant a motion for default, proceed with the hearing and receive evidence, and terminate parental rights for an abuse of discretion. In re B.F., 2025 ND 127, ¶¶ 13, 16, 23 N.W.3d 718.

[¶3] After reviewing the record, we conclude the juvenile court did not abuse its discretion in granting the petitioner's motion for default, proceeding with the hearing and receiving evidence, and terminating E.S.’s parental rights. See B.F., 2025 ND 127, ¶¶ 16, 20, 23 N.W.3d 718 (no abuse of discretion when mother failed to appear at status conference and juvenile court granted default motion, received evidence, and terminated her parental rights). We summarily affirm under N.D.R.App.P. 35.1(a)(4) and (7).

Per Curiam.

[¶4] Lisa Fair McEvers, C.J. Jerod E. Tufte Jon J. Jensen Douglas A. Bahr Mark A. Friese