Background
C.Y.W. is the mother of R.Y.W., a child who was the subject of juvenile court proceedings in Grand Forks County, North Dakota. The State petitioned to terminate C.Y.W.’s parental rights. During those proceedings, C.Y.W., represented by counsel and appearing in open court, signed a written consent form agreeing to the termination of her parental rights.
Before accepting the consent, the juvenile court conducted a detailed colloquy with C.Y.W. to ensure she understood her rights, the legal consequences of termination, and that her decision was made knowingly and voluntarily. The juvenile court found that C.Y.W.’s consent was knowing and voluntary and entered judgment terminating her parental rights. C.Y.W. subsequently appealed, arguing the court erred in finding her consent was voluntary.
The Court’s Holding
The North Dakota Supreme Court affirmed the juvenile court’s judgment in a per curiam opinion issued under N.D.R.App.P. 35.1(a)(2), the summary affirmance rule. The court held that the juvenile court did not clearly err in finding that C.Y.W. knowingly and voluntarily consented to termination of her parental rights under N.D.C.C. § 27-20.3-20(1)(d), which permits termination when written parental consent is acknowledged before the court.
The court applied the clearly erroneous standard of review to the factual finding of voluntary consent, citing In re C.D.G.E., 2017 ND 13, ¶ 6, 889 N.W.2d 863, for the proposition that whether written consent was given is a question of fact, and Olson v. Olson, 2024 ND 224, ¶ 18, 14 N.W.3d 603, for the application of that standard to voluntary agreement findings. Given the thorough in-court colloquy and C.Y.W.’s in-court signing of the consent form while represented by counsel, the court found no clear error.
Key Takeaways
- Under N.D.C.C. § 27-20.3-20(1)(d), a juvenile court may terminate parental rights upon written parental consent acknowledged before the court.
- Whether a parent voluntarily and knowingly consented to termination is a finding of fact reviewed for clear error on appeal.
- A detailed judicial colloquy confirming the parent’s understanding of rights and consequences, combined with in-court execution of a consent form while represented by counsel, strongly supports a finding of knowing and voluntary consent.
Why It Matters
This decision reinforces the procedural safeguards that North Dakota courts must observe before accepting a parent’s consent to termination of parental rights, while also clarifying the deference appellate courts will afford to those findings. The case confirms that when a juvenile court conducts a thorough on-the-record colloquy and the parent is represented by counsel, it will be difficult to successfully challenge the voluntariness of that consent on appeal.
For practitioners, the opinion underscores the importance of the consent colloquy as both a protective mechanism for parents and a record-building exercise that insulates the judgment from reversal. Attorneys representing parents in termination proceedings should ensure their clients fully understand the irrevocable nature of consent before it is given in open court.