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In re M.B. and N.B.

709 N.W.2d 11 (2006)

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In re M.B. and N.B.

North Dakota Supreme Court
709 N.W.2d 11 (2006)

Facts

I.B. and K.S. (defendants) had two children, M.B. and N.B. The children witnessed domestic violence between their parents, and according to K.S., they were abused by I.B. In 2002, a juvenile court declared the children deprived, removed them from the family home, and placed them in foster care. After mandatory family counseling, the children were reunified with their parents. When I.B. and K.S. separated, K.S. was awarded custody. However, twice that year, the children were again declared deprived and placed in social services’ care. State social worker Marlene Sorum (plaintiff) petitioned for the termination of K.S.’s and I.B.’s parental rights. K.S. consented, but I.B. objected, arguing that he wanted to care for the children. At trial, the children’s therapist testified that I.B. exposed the children to pornography and horror movies and engaged in sexual activities in their presence. She also testified that the children complained of a lack of food at I.B.’s home, seemed to be suffering from posttraumatic stress disorder in addition to already diagnosed behavioral disorders, and acted out in their parents’ presence. Based on the evidence, the trial court terminated I.B.’s parental rights. I.B. appealed, arguing that there was insufficient evidence to support the termination.

Rule of Law

Issue

Holding and Reasoning (Sandstrom, J.)

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