Interest of F.S., M.S., Jr., and M.S.

by
K.S., the mother of three minor children, appealed the termination of her parental rights. A petition to terminate her rights was filed after one day in June 2017, law enforcement and ambulance service was called to her residence; police found K.S. unconscious on the bathroom floor with a needle in her arm. Her extremities were blue and she was gasping for breath. It was alleged she was experiencing a drug overdose. Ward County Social Services moved the juvenile court to reopen the termination of parental rights proceeding for an evidentiary hearing regarding the overdose. K.S. opposed the motion. The court granted the motion because it had not yet issued a final order and the facts of the underlying incident may have a direct bearing on the matter. After a supplemental evidentiary hearing, the court entered an order terminating the parental rights of the three children. K.S. argued the juvenile court abused its discretion in granting a motion to reopen the record. The North Dakota Supreme Court concluded the court did not abuse its discretion in reopening the record for a supplemental hearing and affirmed. View "Interest of F.S., M.S., Jr., and M.S." on Justia Law