The North Dakota Supreme Court released several new opinions on April 22, covering a range of civil and criminal appeals. The decisions address topics such as termination of parental rights, criminal convictions, restitution in theft cases, parenting responsibilities, administrative proceedings, contempt of court, and more.
These rulings provide guidance for lower courts and clarify the application of North Dakota law in various areas. The decisions impact families involved in juvenile cases, defendants in criminal matters, and parties to civil disputes.
Among the notable rulings are several authored by Justice Lisa K. Fair McEvers regarding termination of parental rights. The court held that juvenile courts are not statutorily required to make specific findings on whether social services made reasonable efforts to reunify families when considering termination. Additionally, once statutory elements for termination are met, courts have discretion but are not obligated to terminate parental rights.
In State v. Keplin, Justice Douglas Alan Bahr wrote that the state must prove restitution by a preponderance of evidence directly related to the offense. He said a district court did not err in ordering restitution for unrecovered jewelry and cash tied directly to a burglary.
Another opinion addressed the psychological parent doctrine as it relates to foster parents seeking custody or visitation based solely on their foster relationship with a child. The court declined to extend this doctrine under current law.
Other cases included affirmations of judgments involving post-conviction relief petitions (Brooks v. State), denial of motions regarding public access to records (State v. Tracy), dismissal deadlines based on defendant fitness (State v. Reynolds), interlocutory orders in parenting responsibility disputes (Sandness v. Smith), and eligibility requirements under administrative rules (Ferderer v. NDDHHS).
The release of these opinions reflects ongoing developments in North Dakota’s legal landscape as interpreted by its highest court.
