New opinions: April 22, 2026

Interest of W.S. 2026 ND 86
Docket No.: 20260060
Filing Date: 4/22/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: In terminating parental rights, juvenile courts are not statutorily required to make specific findings on whether social services made reasonable efforts to reunify the family.

When the statutory elements to terminate parental rights are met, a juvenile court has discretion, but is not required, to terminate parental rights.

Interest of T.S. 2026 ND 86
Docket No.: 20260061
Filing Date: 4/22/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: In terminating parental rights, juvenile courts are not statutorily required to make specific findings on whether social services made reasonable efforts to reunify the family.

When the statutory elements to terminate parental rights are met, a juvenile court has discretion, but is not required, to terminate parental rights.

Interest of L.S. 2026 ND 86
Docket No.: 20260062
Filing Date: 4/22/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: In terminating parental rights, juvenile courts are not statutorily required to make specific findings on whether social services made reasonable efforts to reunify the family.

When the statutory elements to terminate parental rights are met, a juvenile court has discretion, but is not required, to terminate parental rights.

Highlight: A criminal judgment entered after a jury convicted the defendant of murder, terrorizing, and reckless endangerment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

State v. Keplin 2026 ND 84
Docket No.: 20250447
Filing Date: 4/22/2026
Case Type: Appeal - Criminal - Theft
Author: Bahr, Douglas Alan

Highlight: The State must prove restitution by a preponderance of the evidence, limited to damages directly related to the offense and sustained as a direct result of the defendant's conduct, requiring an immediate and intimate causal connection. Whether that connection exists is a question of fact, and the district court's findings will not be disturbed on appeal unless clearly erroneous.

A district court did not clearly err in ordering restitution for unrecovered jewelry and cash where the losses were directly related to and a direct result of the burglary. The State may establish the required causal connection through circumstantial evidence and reasonable inferences.

Interest of R.Y.W. 2026 ND 90
Docket No.: 20260091
Filing Date: 4/22/2026
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Tracy 2026 ND 83
Docket No.: 20250455
Filing Date: 4/22/2026
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court's orders denying defendant's motion to partially restrict remote public access to criminal records and defendant's motion for reconsideration are summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Brooks v. State 2026 ND 85
Docket No.: 20250426
Filing Date: 4/22/2026
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Highlight: While the Court generally will not consider issues not raised or adequately briefed by the parties, it is the Court's authority and obligation to identify and apply relevant statutes to legal controversies regardless of whether the parties have raised them.

While N.D.C.C. § 14-09.4-19 preserves the judicially recognized psychological parent doctrine outside the framework of the Uniform Nonparent Custody and Visitation Act, N.D.C.C. § 14-09.4-02(3) reflects a legislative policy choice to bar nonparents from seeking custody or visitation based solely on a foster parent relationship. Therefore, the Court declined to judicially extend the psychological parent doctrine to cover nonparents who seek custody or visitation with a child based solely on a foster parent relationship with the child.

A district court errs in awarding primary residential responsibility to former foster parents where their relationship with the child arose solely from the foster placement, as such a relationship is insufficient to establish psychological parent status under North Dakota law.

Highlight: An interim order is interlocutory and subject to revisions prior to a final order. Upon an appeal from a judgment, the Court may review any intermediate order or ruling which involves the merits and affects the judgment appearing upon the record. The Court does not render advisory opinions.

An order denying a motion for change of venue and a judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Ferderer v. NDDHHS 2026 ND 81
Docket No.: 20250335
Filing Date: 4/22/2026
Case Type: Appeal - Civil - Administrative Proceeding
Author: Bahr, Douglas Alan

Highlight: Eligibility requirements to participate in the Family Paid Caregiver Program constitute rules under N.D.C.C. § 28-32-01(12) because they are statements of general applicability implementing the law and directly affecting applicants' substantive rights.

The North Dakota Department of Health and Human Services improperly denied benefits under the Family Paid Caregiver Program by relying on eligibility requirements not promulgated as administrative rules in accordance with the Administrative Agencies Practice Act, N.D.C.C. ch. 28-32.

A district court's order affirming the decision of the Department denying an application to participate in the Family Paid Caregiver Program is reversed and remanded.

Vollmer v. Hove 2026 ND 80
Docket No.: 20250347
Filing Date: 4/22/2026
Case Type: Appeal - Civil - Contempt of Court
Author: Friese, Mark A.

Highlight: A district court has broad discretion to impose contempt sanctions and this Court's review of a contempt determination is very limited.

A district court did not abuse its discretion in holding a parent in contempt for failing to ensure compliance with a judgment's parenting plan.

Highlight: The event triggering the deadline for dismissal of charges under N.D.C.C. § 12.1-04-08(2) is a finding that a defendant lacks fitness to proceed.

State v. Simpson 2026 ND 87
Docket No.: 20250165
Filing Date: 4/22/2026
Case Type: Appeal - Criminal - Attempted Murder
Author: McEvers, Lisa K. Fair

Highlight: An inconsistent verdict is one in which the jury has not followed the district court's instructions and the verdicts cannot be rationally reconciled.

Reconciliation of a verdict includes an examination of both the law and the case in order to determine whether the verdict is logical and probable, and therefore consistent, or illogical and clearly contrary to the evidence.

When a motion for a judgment of acquittal was made at trial on specified grounds that did not include the issue subsequently raised on appeal, the defendant does not preserve that issue for review.

The supreme court retains discretion to review unpreserved issues of insufficient evidence for obvious error. Under obvious-error review, the appellant has the burden to establish obvious error by showing: (1) error, (2) that is plain, and (3) that affects substantial rights.

Drake v. Drake 2026 ND 78
Docket No.: 20250445
Filing Date: 4/22/2026
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: A divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (8).