Interest of A.L.E., 920 N.W.2d 461

Child A.L.E., born Sept. 2015, removed from mother A.E.’s care and in foster/social services custody for 707 days due to mother's substance abuse and related incarcerations.
A.E. used marijuana during pregnancy; A.L.E. tested positive for marijuana at birth; methamphetamine, marijuana, and paraphernalia were later found in A.E.’s home.
A.E. has a history of relapses, multiple incarcerations (including a six-month period when she could not parent), missed/poor-quality visits, and failure to follow social services’ recommendations.
A.L.E. has physical and mental abnormalities that the court found were not being helped by A.E.’s conduct.
Juvenile court terminated A.E.’s parental rights; A.E. appealed challenging (1) the deprived finding, (2) the finding that causes of deprivation are likely to continue, and (3) that reasonable reunification efforts were made (and argued a relative placement exception applied).

Issue	Plaintiff's Argument (A.E.)	Defendant's Argument (Social Services)	Held
Whether A.L.E. is a "deprived" child	Mother: court erred—challenge to deprivation finding	State: prenatal drug exposure and presence of drugs/paraphernalia show deprivation	Affirmed: deprivation established by clear and convincing evidence
Whether causes of deprivation are likely to continue	Mother: causes won’t likely continue	State: history of relapse, incarcerations, missed visits, noncompliance predict continuation	Affirmed: likelihood to continue proven
Whether Social Services made reasonable reunification efforts	Mother: agency failed to make reasonable efforts under statute	State: numerous services and referrals were provided	Affirmed: reasonable efforts were made
Whether kinship placement required dismissal of petition	Mother: child placed with maternal aunt; statute allows exception	State: statute’s list is permissive, not mandatory—dismissal not required	Affirmed: exception not mandatory; petition properly proceeded

Matter of C.D.G.E., 889 N.W.2d 863 (N.D. 2017) (standard that elements must be proved by clear and convincing evidence)
Interest of A.B., 898 N.W.2d 676 (N.D. 2017) (review standard and that past conduct/cooperation informs future risk)
Interest of K.B., 801 N.W.2d 416 (N.D. 2011) (lack of cooperation with social services evidences likelihood deprivation will continue)
Interest of D.H., 783 N.W.2d 12 (N.D. 2010) (incarceration relevant to assessing future ability to parent)
Interest of E.R., 688 N.W.2d 384 (N.D. 2004) (a parent who voluntarily becomes unavailable should not delay child's permanency)
Interest of M.R., 870 N.W.2d 175 (N.D. 2015) (reinforcing precedent protecting child’s need for stability)