Interest of A.P.
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In this case, J.C.P., the father of A.P., appealed a juvenile court's decision to terminate his parental rights. The child had been placed in protective custody due to his negligence and was adjudicated in need of protection. Both parents were in default, and the court had extended protective custody for an additional nine months. The mother did not appear at any of the hearings, but J.C.P. did, except for the final status conference. At this conference, the State moved for default against J.C.P., and the court agreed, terminating both parents' rights.
J.C.P. argued that the court had abused its discretion by taking judicial notice of the affidavit underlying the petition without receiving testimony or other evidence in support of termination. He claimed that the court's findings were erroneous as they were not supported by evidence in the record. The Supreme Court of North Dakota agreed, finding that the juvenile court had abused its discretion by relying on an affidavit that the State never offered and the court never received into evidence.
The court also pointed out that the juvenile court should not have accepted the qualified expert witness's affidavit instead of testimony, as the parties had not stipulated to this. The Court concluded that the juvenile court's findings on termination were clearly erroneous because they were not supported by evidence in the record. As a result, the Supreme Court of North Dakota reversed the juvenile court order terminating parental rights and remanded the case for further proceedings.
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