K.B. State v. K.B., 20180123

911 N.W.2d 885 (Mem)

IN the INTEREST OF K.B.

State of North Dakota, Petitioner and Appellee

v.K.B., a child; C.B., Mother; Sharla Price, Guardian ad Litem; The Executive Director of Human Services Department, State of North Dakota, RespondentsandC.D., Father, Respondent and Appellant

No. 20180123

Supreme Court of North Dakota.

Filed June 5, 2018

Charles R. Isakson, Burleigh County Assistant State’s Attorney, Bismarck, ND, for petitioner and appellee.

Kiara C. Kraus-Parr, Grand Forks, ND, for respondent and appellant.

Per Curiam.

[¶ 1] C.D. appeals a juvenile court order terminating his parental rights in K.B. On appeal C.D. argues the juvenile court abused its discretion in denying his motion for a continuance. The juvenile court terminated C.D.’s parental rights after finding the child was deprived, the deprivation was likely to continue, and the child was in foster care for more than 450 out of the previous 660 nights. The juvenile court denied a continuance because C.D.’s alleged defenses would not preclude termination. Because the juvenile court did not abuse its discretion in denying C.D.’s motion for a continuance, we summarily affirm under N.D.R.App.P. 35.1(a)(4).

[¶ 2] Gerald W. VandeWalle, C.J.

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen

Jerod E. Tufte