Langowski v. Altendorf
2012 ND 34
| N.D. | 2012Background
- Juvenile court found T.H. deprived in 2008 and placed her in foster care under Barnes County Social Services with upward extensions.
- Shelter care order issued Oct 3, 2008; guardian ad litem appointed; father present, mother participated by phone.
- Petition (Oct 31, 2008) alleged medical and psychological neglect and multiple bruising reports; asserted counseling and medication issues.
- Permanency hearings (Sept 2009, Dec 2009, Mar 2010) extended placement; orders kept custody with counseling requirements.
- Oct 2010–Jan 2011 extensions continued the placement; father moved to dismiss; motions denied; issues on jurisdiction, deprivation status, and duration.
- Father appealed alleging lack of jurisdiction, wrong evidentiary standard, improper Alford plea, excessive duration, and continued deprivation; majority affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction and service over parties | K.H. asserts lack of proper service to trigger jurisdiction | Court had personal jurisdiction via appearance and guardian ad litem | Jurisdiction affirmed; proper jurisdiction shown. |
| Evidentiary standard in 2008 deprivation finding | Stipulation supported deprivation finding | Alford plea accepted; standard misapplied | Waived for lack of timely appeal to 2008 order. |
| Duration of foster care placement | Total duration exceeds 24 months | Statute allows successive 12-month extensions | Not excessive; extensions authorized under 27-20-36. |
| Current deprivation status of the child | Conditions persist; child remains deprived | Conditions resolved; deprivation no longer likely | Evidence supports ongoing deprivation. |
Key Cases Cited
- In re B.B. I, 2008 ND 51 (2008) (cooperation and future risk as basis for deprivation conclusion)
- In re B.B. II, 2010 ND 9 (2010) (lack of parental cooperation supports continued deprivation)
- In re L.F., 1998 ND 129 (1998) (consideration of prior incidents in deprivation analysis)
- Investors Title Ins. Co. v. Herzig, 2010 ND 138 (2010) (personal jurisdiction and waiver principles)
- In re J.D.F., 2010 ND 160 (2010) (standing to raise defenses; third-party rights)