Pautz v. T.H.
812 N.W.2d 373
| N.D. | 2012Background
- On Oct. 3, 2008, juvenile court issued shelter-care order finding probable cause the child, T.H., was deprived and placing her with Barnes County Social Services for foster care.
- On Oct. 31, 2008, petition alleges medical and psychological neglect by K.H. and his wife, plus bruising reports and inconsistent explanations for injuries.
- On Nov. 21, 2008, hearing held; parties stipulate evidence would likely show deprivation by clear and convincing evidence.
- On Nov. 24, 2008, court finds T.H. deprived and places her with Social Services, order to remain for up to 12 months.
- Permanency hearings in Sept. 2009, Dec. 2009, and Mar. 2010 extend placement; orders remain in effect through 2010, with later extensions.
- In Oct. 2010 and Dec. 2010, father objects and moves to dismiss; Jan.–Mar. 2011, court denies motions; dispositional placement extended pending review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction and service adequacy | K.H. argues lack of proper service deprives court of jurisdiction | State contends service and personal jurisdiction exist; guardian ad litem appointed | Court had jurisdiction; service defects waived by appearance |
| Evidentiary standard and Alford plea | K.H. contends wrong standard used and Alford plea improper | K.H. did not timely appeal 2008 order; issues waived | Waived due to failure to appeal the 2008 order |
| Duration of deprivation proceedings | Long-term foster-care beyond 24 months violates statute | Extensions allowed up to 12 months each with permanency hearings | Not excessive; extensions comply with N.D.C.C. § 27-20-36 |
| Continuing deprivation status | Child remains deprived due to parental cooperation failures | Conditions may have changed; deprivation may be resolved | Evidence supports continued deprivation; disposition affirmed. |
Key Cases Cited
- Investors Title Ins. Co. v. Herzig, 2010 ND 138 (2010) (personal jurisdiction; waiver by general appearance)
- In re J.D.F., 2010 ND 160 (2010) (standing to assert defenses; trifurcated party rights)
- In re G.L., 2011 ND 10 (2011) (final order appeal, collateral attack limits)
- In re R.K.E., 1999 ND 106 (1999) (timing and scope of deprivation proceedings")
- B.B.II, 2010 ND 9 (2010) (deprivation continued; lack of cooperation relevant)
- B.B.I, 2008 ND 51 (2008) (parensl cooperation; basis for continued deprivation)
- In re L.F., 1998 ND 129 (1998) (parental history considered for future deprivation)