State v. R.G., 803 N.W.2d 597

Four children under age four were taken into protective custody after the mother left them with relatives and did not return; the children were placed in foster care.
In 2009, R.G.’s criminal probation led to a 2009 prison sentence and delayed release plans.
May 2010 petition sought termination of R.G. and the mother; the juvenile court terminated the mother's rights but found R.G. deprived, not terminating his rights.
December 2010 petition alleged the children had been in foster care for 15 of the last 22 months and urged termination based on deprivation and stability concerns.
A judicial referee terminated R.G.’s parental rights, citing that R.G.’s anticipated release was delayed and the children had endured extensive foster care, with more than 450 of 660 nights in care; the juvenile court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the children were deprived under NDCC 27-20-44(l)(c)(2).	R.G. argues evidence supports deprivation.	State contends deprivation and 450/660 nights established termination.	Yes; the court found deprivation supported by 450/660 nights and continued foster care.
Whether termination was an appropriate exercise of discretion given best interests and uncertainties.	R.G. asserts termination may not serve constructive purpose.	State asserts permanency outweighs uncertainties given harm risk.	No abuse of discretion; termination affirmed for permanency and harm considerations.

In re F.F., 711 N.W.2d 144 (2006 ND) (establishes framework for deprivation and 450/660 nights under former and current statute and discretionary termination)
In re KB., 801 N.W.2d 416 (2011 ND) (clear and convincing evidence standard for termination)
In re T.T., 681 N.W.2d 779 (2004 ND) (standard for reviewing factual findings in termination cases)
In re L.J., 734 N.W.2d 342 (2007 ND) (summarily affirms termination under § 27-20-44(l)(c)(2))
In re D.C.S.H.C., 733 N.W.2d 902 (2007 ND) (abuse of discretion standard in juvenile termination decisions)