Bitz v. A.B.
792 N.W.2d 539
N.D.2010Background
- A.P.B. (father) appeals an order terminating parental rights after a juvenile court found the child deprived and that deprivation was likely to continue.
- The child, born March 22, 2007, lost his mother to murder in 2010; the father was incarcerated at birth and later moved to Washington.
- The child was placed in foster care and then with relatives while social services sought a deprivation finding and termination of rights.
- Social workers and a therapist described the child’s severe emotional trauma and need for a stable, non-violent home.
- The juvenile court found the child deprived, that deprivation would continue, and that the child would suffer likely harm absent termination; it terminated the father’s parental rights; the father appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the child is a deprived child | A.B. argues deprived status not shown | A.P.B. contends care provided elsewhere undermines deprivation | Yes, deprived child found |
| Whether deprivation likely to continue | A.B. asserts future improvement possible | A.P.B. claims capacity to improve exists | Yes, prognosis supports continuation of deprivation |
| Whether termination was supported by probable harm | A.B. argues no clear harm if W.R. with father | A.P.B. claims no imminent harm | Yes, probable ongoing harm without termination |
| Whether reasonable reunification efforts were made | A.B. asserts efforts were adequate | A.P.B. argues more efforts could be explored | Yes, social services' efforts were reasonable |
| Whether the State made adequate prognostic and professional evidence | A.B. says evidence weak | A.P.B. contends evidence insufficient | Yes, prognosis supported by professionals |
Key Cases Cited
- Interest of A.B., 767 N.W.2d 817 (2009 ND 116) (clear and convincing standard and deprecation analysis)
- Interest of T.A., 722 N.W.2d 548 (2006 ND 210) (prob prognostic evidence considerations)
- Interest of T.J.O., 462 N.W.2d 631 (1990 ND) (deprivation and continuation analysis)
- Interest of A.S., 733 N.W.2d 232 (2007 ND 83) (consideration of professional opinions in prognosis)
- Interest of K.J., 779 N.W.2d 635 (2010 ND 46) (reiteration of prognostic evidence and cooperation)