Background
E.S., the mother of R.S., appealed a Cass County juvenile court order terminating her parental rights. The appeal challenged the juvenile court’s decision to grant the petitioner’s default motion after E.S. did not appear for a status conference.
North Dakota Juvenile Procedure Rule 10 requires a child’s parent to attend hearings unless excused. When a properly served parent fails to appear, the court may receive evidence supporting the petition or reschedule the hearing; if the petition is proved under the applicable burden, the court may grant the requested relief.
The Court’s Holding
The North Dakota Supreme Court affirmed. Reviewing for abuse of discretion, it concluded that the juvenile court did not abuse its discretion by granting default, proceeding with the hearing, receiving evidence, and terminating E.S.’s parental rights.
The court relied on its recent decision in In re B.F., which likewise found no abuse of discretion where a mother failed to appear at a status conference and the juvenile court granted default, received evidence, and terminated parental rights. The court summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).
Key Takeaways
- A properly served parent must attend juvenile hearings unless excused by the court.
- A parent’s failure to appear may permit the juvenile court to receive evidence and enter relief if the petition is proved.
- The Supreme Court found no abuse of discretion in the default-based termination here.
Why It Matters
The decision confirms that a missed status conference can have decisive consequences in a termination-of-parental-rights proceeding when the parent was properly served and the juvenile court follows Rule 10. It also reinforces In re B.F. as controlling authority for reviewing such default-related termination orders.