Interest of E.S.

[Go to Documents]Filed Jan. 31, 2006[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2006 ND 7

In the Interest of E.S. and I.K., Children

Tamara D. Anderson, L.S.W., Petitioner and Appellee
v.
Director, Cass County Social Services, L.S., J.D.K., D.W.C., E.S., I.K., and John Goff, Guardian ad Litem, Respondents
L.S., Respondent and Appellant

No. 20050246

Appeal from the Juvenile Court of Cass County, East Central Judicial District, the Honorable Wade L. Webb, Judge.
AFFIRMED.
Per Curiam.
Douglas W. Nesheim of Johnson, Ramstad & Mottinger, PLLP, 15 9th Street S., Fargo, N.D. 58103-1830; for respondent and appellant.
Constance L. Cleveland, Assistant State's Attorney, P.O. Box 3106, Fargo, N.D. 58108-3106; for petitioner and appellee.

Interest of E.S.No. 20050246 Per Curiam.

[¶1] L.S. appeals from a juvenile court order adopting a juvenile referee's findings and order terminating her parental rights to E.S. and I.K. L.S. argues the juvenile court erred in finding clear and convincing evidence exists to support a finding of deprivation that was likely to continue and that the children would likely suffer harm absent a termination of parental rights. L.S. also argues the trial court erred because E.S.'s best interests would have been better served by a guardianship arrangement rather than a termination of parental rights and because reasonable efforts were not made to prevent removal of the children and to reunify the family once the children were removed.

[¶2] The juvenile court's order is not based on findings of fact that are clearly erroneous. We affirm under N.D.R.App.P. 35.1(a)(2).

[¶3]Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
Daniel J. Crothers
Dale V. Sandstrom
Carol Ronning Kapsner