North Dakota Supreme Court, 2019

Interest of D.M.H.

Interest of D.M.H.
North Dakota Supreme Court · Decided March 21, 2019 · Per Curiam
2019 ND 88; 924 N.W.2d 789
Interest of D.M.H.

Cases that cite this one

3 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam.

[¶1] S.L.S., the mother of D.M.H., a minor child, appeals from the juvenile court's order appointing the child's paternal grandparents as legal guardians for D.M.H. The juvenile court did not establish a visitation schedule for S.L.S. Her parental rights have not been terminated. S.L.S. argues the juvenile court should have included a visitation schedule in its order rather than delegate visitation decisions to the child's guardians. The State agrees with S.L.S. and joins her request for a remand for the juvenile court to establish a visitation schedule.

[¶2] We summarily reverse under N.D.R.App.P. 35.1(b) and remand for further proceedings. Interest of G.L. , 2018 ND 176 , ¶ 15, 915 N.W.2d 685 (holding a juvenile court may not delegate parental visitation to a child's guardian). We remand for a determination by the juvenile court whether visitation "is likely to endanger the child's physical or emotional health." Id. at ¶ 14 ; N.D.C.C. § 14-05-22(2). If the juvenile court finds that visitation between S.L.S. and D.M.H. is not a danger to the child, it must order an appropriate visitation schedule.

[¶3] Gerald W. VandeWalle, C.J.

Jerod E. Tufte

Daniel J. Crothers

Lisa Fair McEvers

Donovan J. Foughty, D.J.

[¶4] The Honorable Donovan J. Foughty, D.J., sitting in place of Jensen, J., disqualified.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.