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19 North Dakota opinions name it 1 courts 1981–2025 8 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Matter of Adoption of KSHgreen2 sentences1994Instead, Susan argues that, under NDCC 27-20-36, [1] particularly subsection (4)(d), the court had power to decree that *674 Doug and Bill remain permanently in foster care, without termination of her parental rights, in order to allow her continued parental visitation. [2] In some circumstances, "the decision to terminate parental rights pursuant to Section 27-20-44 is discretionary." Matter of Adoption of K.S.H., 442 N.W.2d 417, 420 (N.D.1989). 1994Instead, Susan argues that, under NDCC 27-20-36, 1 particularly subsection (4)(d), the court had power to decree that Doug and Bill remain permanently in foster care, without termination of her parental rights, in order to allow her continued parental visitation. 2 In some circumstances, “the decision to terminate parental rights pursuant to Section 27-20-44 is discretionary.” Matter of Adoption of K.S.H., 442 N.W.2d 417, 420 (N.D.1989). | 2 | 2 |
Kleingartner v. D.P.A.B.green2 sentences1983Kleingartner v. D.P.A.B., 310 N.W.2d 575, 598 (N.D.1981). 1982In Interest of R.A.S., supra; Kleingartner v. D.P.A.B., supra. Section 27-20-02(5)(a), N.D.C.C., defines a “deprived child” as one who is “without proper parental care or control, subsistence, education as required by law, or other care or control necessary for one child’s physical, mental, or emotional health, or morals, and the deprivation is not due primarily to the lack of financial means of one child’s parents, guardian, or other custodian; ...” We have interpreted the term “proper parental care” to mean that the parents’ conduct in raising their children must satisfy the minimum standard | 1 | 3 |
In Interest of AMCgreen1 sentence1988See also In Interest of A.M.C., 391 N.W.2d 178 (N.D.1986); Interest of R.W.B., 241 N.W.2d 546 (N.D.1976). | 1 | 1 |
In Interest of FHgreen1 sentence1981In Interest of F.H., 283 N.W.2d 202, 211 (N.D.1979). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Interest of R.L.-P.
green
2 sentences2025See N.D.C.C. § 27-20.3-20(1)(c)(2); In re R.L.-P., 2014 ND 28, ¶ 23 , 842 N.W.2d 889 (“Because a finding that the children have been in foster care more than 450 out of the previous 660 nights, along with a finding of deprivation [now, the children are ‘in need of protection’], is sufficient to terminate parental rights under N.D.C.C. § 27-20-44(1)(c) [now N.D.C.C. § 27-20.3-20(1)(c)], it is unnecessary to address the parents’ challenge to the finding that the conditions and causes of the deprivation will likely continue.”). 2025See N.D.C.C. § 27-20.3-20(1)(c)(2); In re R.L.-P., 2014 ND 28, ¶ 23 , 842 N.W.2d 889 (“Because a finding that the children have been in foster care more than 450 out of the previous 660 nights, along with a finding of deprivation [now, the children are ‘in need of protection’], is sufficient to terminate parental rights under N.D.C.C. § 27-20-44(1)(c) [now N.D.C.C. § 27-20.3-20(1)(c)], it is unnecessary to address the parents’ challenge to the finding that the conditions and causes of the deprivation will likely continue.”). | 8 | 2022–2025 |
Interest of Rwb
green
2 sentences1988See also In Interest of A.M.C., 391 N.W.2d 178 (N.D.1986); Interest of R.W.B., 241 N.W.2d 546 (N.D.1976). 1984In Interest of J.N.R., 322 N.W.2d 465 (N.D.1982); In Interest of R.W.B., 241 N.W.2d 546 (N.D.1976). | 2 | 1984–1988 |
In Interest of JNR
green
2 sentences1988In order that the court may terminate parental rights pursuant to Section 27-20-44, the State must establish by clear and convincing evidence that the following factors exist: “1) the child is a ‘deprived child’; “2) the conditions and causes of deprivation are likely to continue or will not be remedied; and “3) by reason of the continuous or ir-remedial conditions and causes, the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm.” J.N.R., 322 N.W.2d at 468 . 1984In Interest of J.N.R., 322 N.W.2d 465 (N.D.1982); In Interest of R.W.B., 241 N.W.2d 546 (N.D.1976). | 2 | 1984–1988 |
In Interest of JKS
green
2 sentences1986In Interest of J.K.S., 356 N.W.2d 88 (N.D. 1984). 1986In Interest of J.K.S., 356 N.W.2d 88 (N.D.1984). | 2 | 1986–1986 |
In Interest of RAS
green
2 sentences1982In Interest of R.A.S., supra ; Kleingartner v. D.P.A.B., supra . 1982In Interest of R.A.S., supra; Kleingartner v. D.P.A.B., supra. Section 27-20-02(5)(a), N.D.C.C., defines a “deprived child” as one who is “without proper parental care or control, subsistence, education as required by law, or other care or control necessary for one child’s physical, mental, or emotional health, or morals, and the deprivation is not due primarily to the lack of financial means of one child’s parents, guardian, or other custodian; ...” We have interpreted the term “proper parental care” to mean that the parents’ conduct in raising their children must satisfy the minimum standard | 2 | 1982–1982 |
Interest of A.L.E.
green
2 sentences2019In re A.L.E. , 2018 ND 257 , ¶ 4, 920 N.W.2d 461 . 2019In re A.L.E. , 2018 ND 257 , ¶ 4, 920 N.W.2d 461 . | 1 | 2019–2019 |