Interest of C.N.
2013 ND 205
| N.D. | 2013Background
- C.G. appeals termination of parental rights and order to pay child support for his son C.N.
- C.N. (born 2009) lives with his mother and siblings in Grafton; C.G. is his biological father.
- C.G. was convicted of continuous sexual abuse of a child and is incarcerated for life with extended supervision; he will be incarcerated beyond C.N.’s adulthood.
- C.G.’s communications with C.N.’s mother during incarceration prompted the State to seek termination of parental rights.
- The juvenile court found C.N. deprived and aggravated circumstances, terminated C.G.’s rights, and required ongoing child support under conflicting statutes.
- The Supreme Court affirmed, upholding both termination of parental rights and continued child support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether C.N. is a deprived child supporting termination | Whelan asserts deprivation due to C.G.’s incarceration and the sibling abuse dynamic. | C.G. contends lack of ongoing harm or ability to parent negates deprivation. | C.N. found deprived; deprivation supported by evidence. |
| Whether aggravated circumstances justify termination | Whelan argues aggravated conduct and lengthy incarceration satisfy statutory aggravators. | C.G. argues no direct harm to C.N. shown and no need to terminate. | Aggravated circumstances supported by evidence. |
| Whether continued child support post-termination is proper | Whelan contends statutory exception allows support obligations to continue after termination. | C.G. argues termination extinguishes parental duties including support. | Continued child support properly required. |
Key Cases Cited
- Interest of D.D., 2006 ND 30 (ND) (clear and convincing standard for termination)
- In re M.G., 2010 ND 157 (ND) (clear and convincing evidence standard; termination framework)
- In re D.M., 2007 ND 62 (ND) (definitional limits on clearly erroneous findings)
- In re C.R., 1999 ND 221 (ND) (incarceration does not negate deprivation if proper parental care cannot be provided)
- Interest of K.L. and M.S., 2008 ND 131 (ND) (present capability to be an adequate parent required)
- State v. Gomez, 2011 ND 29 (ND) (affirmed conviction on multiple grounds)