Pizza Corner v. C.F.L. Transport
2010 ND 243
| N.D. | 2010Background
- Child A.B. was born March 22, 2007; biological mother J.B. is the primary caregiver at birth.
- Father signed a voluntary paternity acknowledgment and was incarcerated during the child’s early life.
- After the mother’s violent murder on March 12, 2010, the child entered foster care and then was placed with maternal grandmother, with concerns of future trauma.
- Social Services filed petitions to declare deprivation and terminate parental rights; several parties intervened; hearings occurred August 19–20, 2010.
- Evidence showed the child suffers severe emotional trauma from witnessing domestic violence and the mother’s murder, requiring stable, trauma-focused care.
- The juvenile court found the child deprived, that deprivation was likely to continue, and that termination of father’s parental rights was in the child’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the child is deprived under North Dakota law | Bitz sought termination based on deprivation evidence. | Father argues not deprived, citing his willingness to provide care. | Child found deprived; court’s finding not clearly erroneous. |
| Whether deprivation is likely to continue absent termination | State argues past conduct and lack of cooperation predict continuation. | Father contends opportunity for improvement exists with services. | Causes and conditions likely to continue; not clearly erroneous. |
| Whether the child will probably suffer serious harm absent termination | State contends removal from father is necessary to prevent likely harm. | Father argues no evidence of harm if living with him. | Child will probably suffer serious harm absent termination; supported by prognostic evidence. |
| Whether the State made reasonable efforts to reunify | State must show efforts to reunify with the child were reasonable. | Father argues more could have been done; contests reasonableness. | State made reasonable efforts; findings not clearly erroneous. |
Key Cases Cited
- Interest of A.B., 2009 ND 116 (ND, 2009) (clear and convincing standard for termination; prognostic evidence)
- Interest of T.A., 2006 ND 210 (ND, 2006) (prognostic evidence and cooperation with services matters)
- Interest of T.J.O., 462 N.W.2d 631 (N.D. 1990) (proper standard for deprivation assessment; deprivation may occur even with others providing care)
- Interest of A.S., 2007 ND 83 (ND, 2007) (consideration of professional opinions in prognosis)
- Interest of K.J., 2010 ND 46 (ND, 2010) (cooperation and prognostic evidence in deprivation analysis)