Interest of B.F. & I.F.

Citations

• 2025 ND 127

Syllabus

An appeal from a juvenile court order terminating parental rights is affirmed. A factfinder may rely in its findings on an affidavit if the affidavit is properly offered and received into the evidentiary record. Termination of parental rights proceedings under N.D.C.C. ch. 27-20.3 are governed by the North Dakota Rules of Juvenile Procedure and, to the extent they are not inconsistent with the Rules of Juvenile Procedure, the North Dakota Rules of Civil Procedure. N.D.R.Juv.P. 16 applies to motions to vacate in termination of parental rights proceedings under N.D.C.C. ch. 27-20.3. Rule 16, N.D.R.Juv.P., provides for both mandatory and discretionary modification of orders. A court's exercise of its discretion under N.D.R.Juv.P. 16(b) is reviewed for an abuse of discretion. A court's discretion to modify orders under N.D.R.Juv.P. 16(b) is narrow when the order at issue is an order terminating parental rights. Under N.D.R.Juv.P. 16(b)(2), a court may only vacate an order terminating parental rights on motion of the parent if the child is not placed for adoption and the person having custody of the child consents in writing to the vacation of the decree. When a parent fails to appear at a proceeding under N.D.C.C. ch. 27-20.3, a juvenile court does not violate the parent's constitutional due process rights if it exercises its discretion to proceed under N.D.R.Juv.P. 10.