State v. H.B. (In re Interest of H.B.), 923 N.W.2d 105 (2019)

Feb. 21, 2019 · North Dakota Supreme Court · No. 20180439; No. 20180440; No. 20180441
923 N.W.2d 105
In the INTEREST OF H.B., a Child State of North Dakota, Petitioner and Appellee v. H.B., Child; Barb Oliger, Guardian ad Litem; Executive Director, ND Department of Human Services, Respondents and J.B., Mother; J.C., Father, Respondents and Appellants In the Interest of V.B., a Child State of North Dakota, Petitioner and Appellee v. V.B., Child; Barb Oliger, Guardian ad Litem; Executive Director, ND Department of Human Services, Respondents and J.B., Mother; J.C., Father, Respondents and Appellants In the Interest of A.B., a Child State of North Dakota, Petitioner and Appellee v. A.B., Child; Barb Oliger, Guardian ad Litem; Executive Director, ND Department of Human Services, Respondents and J.B., Mother; J.C., Father, Respondents and Appellants

In the INTEREST OF H.B., a Child

State of North Dakota, Petitioner and Appellee
v.
H.B., Child; Barb Oliger, Guardian ad Litem; Executive Director, ND Department of Human Services, Respondents
and
J.B., Mother; J.C., Father, Respondents and Appellants

In the Interest of V.B., a Child

State of North Dakota, Petitioner and Appellee
v.
V.B., Child; Barb Oliger, Guardian ad Litem; Executive Director, ND Department of Human Services, Respondents
and
J.B., Mother; J.C., Father, Respondents and Appellants

In the Interest of A.B., a Child

State of North Dakota, Petitioner and Appellee
v.
A.B., Child; Barb Oliger, Guardian ad Litem; Executive Director, ND Department of Human Services, Respondents
and
J.B., Mother; J.C., Father, Respondents and Appellants

No. 20180439
No. 20180440
No. 20180441

Supreme Court of North Dakota.

Filed February 21, 2019

Tessa M. Vaagen, Assistant State's Attorney, Bismarck, ND, for petitioner and appellee.

Alyssa L. Lovas, Bismarck, ND, for respondent and appellant J.B.

Susan Schmidt, Bismarck, ND, for respondent and appellant J.C.

Per Curiam.

[¶1] J.B. and J.C. appealed from a juvenile court's orders terminating their parental rights to H.B., V.B., and A.B. J.B. and J.C. argue that the juvenile court erred in finding the conditions and causes of deprivation *106are likely to continue, that the children are suffering or will probably suffer serious physical, mental, moral, or emotional harm, and that Burleigh County Social Services failed to use reasonable efforts to reunify the children with J.B. and J.C. We summarily affirm under N.D.R.App.P. 35.1(a)(2) and conclude that facts existed upon which the juvenile court could find deprivation would continue and reasonable efforts for reunification were present. See In Interest of A.B. , 2017 ND 178, ¶ 12, 898 N.W.2d 676 ("[w]e will not overturn a juvenile court's findings of fact in a termination proceeding unless the findings are clearly erroneous under N.D.R.Civ.P. 52(a).").

[¶2] Gerald W. VandeWalle, C.J.

Jon J. Jensen

Lisa Fair McEvers

Daniel J. Crothers

Jerod E. Tufte