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INTEREST OF D.M.H., a child State of North Dakota, Petitioner and Appellee v. D.M.H., child, J.D.H., father, J.H.T., guardian, L.H.T., guardian, and Lisa Larsen, Lay Guardian Ad Litem, Respondents and S.L.S., Respondent and Appellant

North Dakota Supreme Court2019-03-21No. No. 20180313
924 N.W.2d 789

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Opinion

majority opinion

Per Curiam.

[¶1] S.L.S., the mother of D.M.H., a minor child, appeals from the juvenile courts order appointing the childs 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 childs 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 childs guardian). We remand for a determination by the juvenile court whether visitation is likely to endanger the childs 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.