Judge hears arguments in civil suit against Ward County Social Services

Mother suing over services required decision, placement on child abuse registry

Judge Todd Cresap heard arguments Tuesday in a civil suit against Ward County Social Services filed by a practicing Rastafarian whose baby daughter was briefly taken into foster care in Minot three years ago when the mother had a false positive test for methamphetamine.

Shanika Lister's baby daughter had traces of marijuana in her system but tested negative for other drugs. The baby was returned to her parents about a week after her birth, but North Central Human Services had placed Lister's name on the child abuse registry after the North Central Human Services director deemed that services were required because the baby had drugs in her system.

A judge later ruled that Lister's use of marijuana is a protected religious practice. Lister's lawyer, Ashley Gulke, argues that it was therefore illegal for Social Services to put Lister's name on the registry.

Attorneys for the state and for individual social workers argued that Cresap should immediately rule in their favor because they have immunity under state law and the then director had discretion to place Lister's name on the child abuse registry. They also argued that, despite Lister's claim that the state lacked jurisdiction because she was an out-of-state resident, Lister waived her right to make that claim when she failed to raise the issue during an administrative hearing.

Gulke, argued during the hearing Tuesday that Lister did not waive the argument regarding jurisdiction and the other disputed facts should be decided by a jury during a civil trial.

Cresap said he will issue a ruling at a later date.