deprivation hearing (North Dakota) · Go Syfert
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deprivation hearing in North Dakota

7 North Dakota opinions name it 1 courts 1978–2018 0 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.

Followed or applied (5)

CaseFollowedCited
In Interest of MLgreen
nd · 1976 · cited in 2 North Dakota opinions naming this issue, 1978–1978
2 sentences

1978L., supra, 239 N.W.2d at 295, we said that the differences between the two types of hearings are crucial, and, at 296, that “we believe it was essential to restrict the deprivation hearing to matters appropriate to that kind of hearing, and it was inappropriate to treat it as the equivalent of a divorce custody proceeding.” See also Kottsick v. Carlson, 241 N.W.2d 842 (N.D.1976).

1978L., supra, 239 N.W.2d at 295, we said that the differences between the two types of hearings are crucial, and, at 296, that "we believe it was essential to restrict the deprivation hearing to matters appropriate to that kind of hearing, and it was inappropriate to treat it as the equivalent of a divorce custody proceeding." See also Kottsick v. Carlson, 241 N.W.2d 842 (N.D.1976).

22
In Interest of TMMgreen
nd · 1978 · cited in 3 North Dakota opinions naming this issue, 1980–2004
2 sentences

1980M, 267 N.W.2d 807 (N.D.1978), the court held that hearings conducted to determine whether or not a child is deprived must be conducted separately from divorce-related custody hearings and reversed an order of a juvenile court stating that “the deprivation hearing was intermingled with the hearing on the motion to modify the divorce decree to such an extent as to constitute reversible error.” 267 N.W.2d at 810 .

1980M, 267 N.W.2d 807 (N.D.1978), the court held that hearings conducted to determine whether or not a child is deprived must be conducted separately from divorce-related custody hearings and reversed an order of a juvenile court stating that “the deprivation hearing was intermingled with the hearing on the motion to modify the divorce decree to such an extent as to constitute reversible error.” 267 N.W.2d at 810 .

13
In Re CRgreen
nd · 1999 · cited in 1 North Dakota opinions naming this issue, 2013–2013
2 sentences

2013See, e.g., In re C.R., 1999 ND 221, ¶¶ 5-6 , 602 N.W.2d 520 (finding under a deprivation analysis that a child’s positive development in foster care does not negate an incarcerated individual’s inability to provide proper parental care for the child); see also In re M.H.S., 261 Ga.App. 686 , 583 S.E.2d 471 (2003) (finding that a child was “deprived,” as required to terminate the child’s incarcerated father’s parental rights, where the child lived with its mother because the father raped a third party, wrote a threatening note to the child’s mother and would not be eligible for parole until the

2013See, e.g., In re C.R., 1999 ND 221, ¶¶ 5-6 , 602 N.W.2d 520 (finding under a deprivation analysis that a child’s positive development in foster care does not negate an incarcerated individual’s inability to provide proper parental care for the child); see also In re M.H.S., 261 Ga.App. 686 , 583 S.E.2d 471 (2003) (finding that a child was “deprived,” as required to terminate the child’s incarcerated father’s parental rights, where the child lived with its mother because the father raped a third party, wrote a threatening note to the child’s mother and would not be eligible for parole until the

11
In Re Mhsgreen
gactapp · 2003 · cited in 1 North Dakota opinions naming this issue, 2013–2013
2 sentences

2013See, e.g., In re C.R., 1999 ND 221, ¶¶ 5-6 , 602 N.W.2d 520 (finding under a deprivation analysis that a child’s positive development in foster care does not negate an incarcerated individual’s inability to provide proper parental care for the child); see also In re M.H.S., 261 Ga.App. 686 , 583 S.E.2d 471 (2003) (finding that a child was “deprived,” as required to terminate the child’s incarcerated father’s parental rights, where the child lived with its mother because the father raped a third party, wrote a threatening note to the child’s mother and would not be eligible for parole until the

2013See, e.g., In re C.R., 1999 ND 221, ¶¶ 5-6 , 602 N.W.2d 520 (finding under a deprivation analysis that a child’s positive development in foster care does not negate an incarcerated individual’s inability to provide proper parental care for the child); see also In re M.H.S., 261 Ga.App. 686 , 583 S.E.2d 471 (2003) (finding that a child was “deprived,” as required to terminate the child’s incarcerated father’s parental rights, where the child lived with its mother because the father raped a third party, wrote a threatening note to the child’s mother and would not be eligible for parole until the

11
In Interest of AGgreen
nd · 1993 · cited in 1 North Dakota opinions naming this issue, 2004–2004
1 sentence

2004Interest of R.O., 2001 ND 137, ¶ 19 , 631 N.W.2d 159 (issues not raised in juvenile court, even constitutional issues, generally will not be addressed on appeal); Interest of A.G., 506 N.W.2d 402, 403-04 (N.D.1993) (issues not raised in juvenile court cannot be raised on appeal).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Kottsick v. Carlson green
nd · 1976
2 sentences

1978L., supra, 239 N.W.2d at 295, we said that the differences between the two types of hearings are crucial, and, at 296, that “we believe it was essential to restrict the deprivation hearing to matters appropriate to that kind of hearing, and it was inappropriate to treat it as the equivalent of a divorce custody proceeding.” See also Kottsick v. Carlson, 241 N.W.2d 842 (N.D.1976).

1978L., supra, 239 N.W.2d at 295, we said that the differences between the two types of hearings are crucial, and, at 296, that "we believe it was essential to restrict the deprivation hearing to matters appropriate to that kind of hearing, and it was inappropriate to treat it as the equivalent of a divorce custody proceeding." See also Kottsick v. Carlson, 241 N.W.2d 842 (N.D.1976).

21978–1978
Interest of P.T.D. green
nd · 2017
2 sentences

2018Interest of P.T.D. , 2017 ND 248 , ¶ 9, 903 N.W.2d 83 .

2018Interest of P.T.D. , 2017 ND 248 , ¶ 9, 903 N.W.2d 83 .

12018–2018
Interest of R.O. green
nd · 2001
1 sentence

2004Interest of R.O., 2001 ND 137, ¶ 19 , 631 N.W.2d 159 (issues not raised in juvenile court, even constitutional issues, generally will not be addressed on appeal); Interest of A.G., 506 N.W.2d 402, 403-04 (N.D.1993) (issues not raised in juvenile court cannot be raised on appeal).

12004–2004
Berger v. F.O. green
nd · 2001
1 sentence

2004Interest of R.O., 2001 ND 137, ¶ 19 , 631 N.W.2d 159 (issues not raised in juvenile court, even constitutional issues, generally will not be addressed on appeal); Interest of A.G., 506 N.W.2d 402, 403-04 (N.D.1993) (issues not raised in juvenile court cannot be raised on appeal).

12004–2004

Where else courts name it

GA 27 (1980–2025) CA 7 (2011–2023) ND 7 (1978–2018) MD 5 (1982–2023) NY 4 (1944–2005) WA 4 (1970–2014) PA 4 (1962–2000) TX 3 (1986–2018) NM 3 (2009–2017) WV 3 (1977–2020) AL 3 (1999–2000) FL 2 (1983–2024) TN 2 (1996–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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