State v. Pavlicek
2012 ND 154
| N.D. | 2012Background
- A.W. (born 2005) is a child with Sanfilippo syndrome living in a group home in Grand Forks, ND.
- J.A. (father) has lived in Washington and works out of state; limited contact with A.W. for four years.
- B.W. (mother) moved with A.W. to ND and later did not appear at the termination hearing.
- Barnes County Social Services removed A.W. from B.W.’s care in December 2010 for neglect and nutritional/educational deficiencies.
- In December 2011, Social Services petitioned to terminate parental rights based on deprivation, noncompliance, and abandonment.
- The juvenile court terminated parental rights on May 7, 2012, after finding abandonment, deprivation, and likelihood of continued deprivation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether abandonment evidence supports termination | J.A. failed to meaningfully involve or contact A.W. | J.A. claims he should not be deemed abandoner due to circumstances and care limitations. | Abandonment supported by clear and convincing evidence |
| Whether A.W. is deprived | A.W. was abandoned and needs care beyond parental means. | Deprivation could be mitigated by group-home care. | A.W. is deprived by law and circumstance |
| Whether deprivation likely to continue | J.A.’s absence and lack of commitment make future deprivation likely. | Group home care prevents harm and may suffice. | Deprivation likely to continue; termination proper |
| Whether findings are not clearly erroneous | Court properly weighed evidence and standard. | Findings misconstrue evidence or standard. | Findings not clearly erroneous; termination affirmed |
Key Cases Cited
- In re M.G., 2010 ND 157 (2010 ND 157) (clear and convincing standard in termination cases)
- H.G.C., 2009 ND 19, 761 N.W.2d 565 (2009 ND 19) (abandonment with minimal contact supports termination)
- E.G., 2006 ND 126, 716 N.W.2d 469 (2006 ND 126) (special-needs considerations may affect deprivation determination)
- In re A.B., 2010 ND 249, 792 N.W.2d 539 (2010 ND 249) (care in a group home does not defeat deprivation evidence)
- In re R.M.B., 402 N.W.2d 912, (N.D. 1987) (1987 N.W.2d 912) (abandonment evidence supports termination)