County of Ramsey v. Wilson

526 N.W.2d 384, 1995 Minn. App. LEXIS 77, 1995 WL 13678
CourtCourt of Appeals of Minnesota
DecidedJanuary 17, 1995
DocketC5-94-1056
StatusPublished
Cited by6 cases

This text of 526 N.W.2d 384 (County of Ramsey v. Wilson) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County of Ramsey v. Wilson, 526 N.W.2d 384, 1995 Minn. App. LEXIS 77, 1995 WL 13678 (Mich. Ct. App. 1995).

Opinion

OPINION

PETERSON, Judge.

Appellant Jeffrey Wilson argues that the district court erred in holding that an adoption subsidy is a resource attributable to the child that must be used to reimburse the county for the cost of care provided to the child in out-of-home placement because (1) the subsidy is income attributable to the parent that is exempt from the reimbursement requirement and (2) the decision improperly modified the adoption subsidy agreement. We disagree and affirm.

FACTS

Appellant Jeffrey Wilson adopted T.(F.)W. in 1987. The child’s adoption was subsidized. See Minn.Stat. § 259.40 (1986) (under adoption subsidy program, state may pay adoption expenses and monthly subsidy to person who adopts child who meets eligibility requirements). 1 In the adoption subsidy agreement, Wilson agreed to submit an annual affidavit to the Commissioner of Human Services certifying that T.(F.)W. remained in his care and that the need for the subsidy continued, to notify the Commissioner of the *386 child’s absence from home due to court action, and to notify the Commissioner of any other change that could affect the amount or duration of the subsidy. Wilson has received monthly subsidies from the state since the adoption.

T.(F.)W. was in voluntary out-of-home placement with respondent Ramsey County for two months in 1990 and one month in 1991. T.(F.)W. was in court-ordered out-of-home placement with the county for three months in 1991, seven months in 1992, and five months in 1993. The total cost to Ramsey County of the child’s care was $41,720.82.

In 1990, the county required Wilson to complete a Ramsey County Support and Collections Juvenile Court Financial Investigation form. 2 In the fall of 1993, the county sent a bill to Wilson seeking reimbursement for part of the cost of his son’s out-of-home placement. When Wilson refused to pay, the county sought a declaratory judgment that Wilson, personally and as legal guardian of T.(F.)W., owed the county $7,310 in reimbursement for the cost of the child’s out-of-home placement. The $7,310 figure represented the sum of the adoption subsidies that Wilson had received during the months that his son was in out-of-home placement. 3 The court granted summary judgment requiring Wilson to pay the county the $7,310 in adoption subsidies that he received during the months that T.(F.)W. was in out-of-home placement.

ISSUES
I. Did the district court err in determining that the adoption subsidy is a resource attributable to the child?
II. Did the district court’s decision improperly modify the adoption subsidy agreement?

ANALYSIS

On appeal from a summary judgment, we must examine the record to determine whether any genuine issues of material fact exist and whether the district court erred in applying the law. Offerdahl v. University of Minn. Hosps. & Clinics, 42 6 N.W.2d 425, 427 (Minn.1988). In the present case, no material facts are in dispute. We need not give deference to a district court’s decision regarding a question of law. Frost-Benco Elec. Ass’n v. Minnesota Ptib. Utils. Comm’n, 358 N.W.2d 639, 642 (Minn.1984).

I.

Citing In re Welfare of M.B.P., 473 N.W.2d 389, 390 (Minn.App.1991), pet. for rev. denied (Minn. Oct. 11, 1991), the county first argues that abuse of discretion is the proper standard of review of a decision that a resource is attributable to a child for purposes of reimbursing a county for the cost of a child’s out-of-home care. We disagree. In M.B.P., this court stated that Minn.Stat. § 540.08:

provides money or assets in a minor settlement fund are not available to the child until released by the court. Therefore, it is within the trial court’s discretion to determine whether the money should be released to the child. If not released by the trial court, then the minor settlement funds cannot be considered attributable to the child under Minn.Stat. § 252.27, subd. 2b. Moreover, if not attributable to the child, the minor settlement funds cannot he used to reimburse the county for community service expenditures.

Id. at 391 (emphasis in original) (footnote omitted). Thus, whether to release a minor settlement was the discretionary decision referred to in M.B.P.

In the present case, the issue is whether an adoption subsidy is attributable to a child under Minn.Stat. § 252.27, subd. 2b (1990) and Minn.Stat. § 260.251, subd. 1(b) (1990 & 1992). This is a question of statutory interpretation. Interpretation of a statute is a question of law subject to de novo re *387 view. Schumacher v. Ihrke, 469 N.W.2d 329, 332 (Minn.App.1991).

The object of statutory interpretation is to determine and give effect to the legislature’s intent. Minn.Stat. § 645.16 (1992). “[Cjourts must adhere to the statute’s clear language, unless doing so would be inconsistent with the legislature’s manifest intent.” Pathmanathan v. St Cloud State Univ., 461 N.W.2d 726, 728 (Minn.App.1990). If a statute is ambiguous, then the legislature’s intent must be determined by examining the need for the law, the circumstances of its enactment, the purpose of the statute, the prior law, the consequences of an interpretation, the legislative history and administrative interpretations of the law. Minn.Stat. § 645.16.

When a child is in court-ordered out-of-home placement,

[t]he court shall order, and the county welfare board shall require, the parents or custodian of a child, while the child is under the age of 18, to use the total income and resources attributable to the child for the period of care, examination, or treatment * ⅜ * to reimburse the county for the cost of care, examination, or treatment.

Minn.Stat. § 260.251, subd. 1(b).

The county also can seek reimbursement from a child for the cost of care provided to the child in a voluntary out-of-home placement. Minn.Stat. § 252.27, subd. 2b. The child’s responsibility

for the cost of care shall be up to the maximum amount of the total income and resources attributed to the child.

Id.

Wilson argues that the district court erred in determining that the adoption subsidy was income attributable to the child. Wilson claims that the adoption subsidy is income attributable to the parent and that Minn. Stat. § 252.27, subd.

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Cite This Page — Counsel Stack

Bluebook (online)
526 N.W.2d 384, 1995 Minn. App. LEXIS 77, 1995 WL 13678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-ramsey-v-wilson-minnctapp-1995.