2024 ND 9
N.D.2024Background
- T.W. is the mother of two children, J.C. and M.W., who were placed in foster care in April 2021 following incidents of abuse involving T.W. and her partner, A.W.
- T.W. was convicted of child abuse and sentenced to 10 years in prison, with 4 years to serve.
- The State filed to terminate T.W.’s parental rights in December 2022; a trial was held in September 2023.
- The juvenile court terminated T.W.’s parental rights, citing the duration of foster care and T.W.’s ongoing relationship with A.W. despite a no-contact order.
- T.W. appealed, arguing the court relied on evidence not admitted at trial, and made clearly erroneous findings regarding the period of foster care.
- The North Dakota Supreme Court reviewed whether improper evidence and erroneous findings affected the discretionary decision to terminate parental rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judicial Notice of Evidence | The court improperly relied on affidavits and reports not admitted as evidence. | The affidavits and reports were part of the record; affiants testified at trial. | The court abused its discretion by relying on evidence outside the record. |
| Consideration of Guardian ad Litem Reports | Guardian’s reports not admitted as evidence should not be considered. | The reports are in the court record; can be considered. | Court abused discretion in considering reports not received as evidence. |
| Erroneous Findings—Foster Care Duration | 1123 nights in foster care finding is not supported by evidence. | Concedes error; actual number is 877 nights. | Finding was clearly erroneous, but over 450 nights threshold met. |
| Grounds for Termination Met | Conditions requiring protection likely to continue not supported by admissible evidence. | There is admissible evidence supporting continued risk. | Statutory grounds met, but discretion must be exercised using only admissible evidence. |
Key Cases Cited
- In re W.E., 619 N.W.2d 494 (N.D. 2000) (fundamental rights of parents and the standard for termination)
- In re J.C., 736 N.W.2d 451 (N.D. 2007) (limitations on judicial notice in termination proceedings)
- Green v. Green, 593 N.W.2d 398 (N.D. 1999) (finder of fact must rely on admissible evidence)
- In re Skorick, 946 N.W.2d 513 (N.D. 2020) (court cannot consider reports not introduced into evidence)
- Wetzel v. Schlenvogt, 705 N.W.2d 836 (N.D. 2005) (inadmissibility of affidavits as hearsay)
- In re R.L.-P., 842 N.W.2d 889 (N.D. 2014) (harmless error in bench trials and competent evidence)