In Re Bj-M.

744 N.W.2d 669
CourtSupreme Court of Minnesota
DecidedFebruary 21, 2008
DocketA07-272
StatusPublished

This text of 744 N.W.2d 669 (In Re Bj-M.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Bj-M., 744 N.W.2d 669 (Mich. 2008).

Opinion

744 N.W.2d 669 (2008)

In the Matter of the Welfare of the Child of B.J.-M. and KW., Parents.

No. A07-272.

Supreme Court of Minnesota.

February 21, 2008.

John Michael Jerabek, Niemi, Barr & Jerabek, P.A., Daniel Wade Homstad, Minneapolis, for Appellants.

Mary Martin Lynch, Asst. Hennepin County Atty., for Respondent.

Considered and decided by the court en banc without oral argument.

OPINION

ANDERSON, G. BARRY, Justice.

The Hennepin County Human Services Department (the County) filed a petition to terminate parental rights in relation to minor child T.W. The petition listed B.J.-M. as the child's mother and named her as *670 a party to the proceeding, but did not name the child's father, H.W., as a party. Instead, H.W. was listed as the alleged father and therefore only a participant in the litigation. On the first day of the scheduled trial on the termination of B.J.'M.'s parental rights, however, H.W. appeared in the action for the first time and acknowledged that he and B.J.-M. had previously signed a recognition of parentage form pursuant to Minn.Stat. § 257.75 (2006), and that H.W. was therefore T.W.'s legally recognized father. Although never named as a party, either by amendment to the existing petition or execution of a new petition, H.W. subsequently participated in a full adversarial trial, and the juvenile court ordered the termination of his parental rights. The Minnesota Court of Appeals affirmed. Based on our supervisory power to enforce the rules governing juvenile court proceedings, and in the interests of justice, we reverse the termination of H.W.'s parental rights and remand to the juvenile court for further proceedings.

On January 15, 2006, when she was 40 weeks pregnant, B.J.-M. tested positive for cocaine. Nine days later, on January 24, B.J.-M. gave birth to T.W, who was diagnosed with sepsis (a blood infection) and pneumonia. T.W. was admitted to the neonatal intensive care unit and was placed on a 72-hour `health and welfare hold on January 26. On January 27, 3 days after T.W.'s birth, B.J.-M. and H.W. signed a recognition of parentage form affirming that H.W. is T.W.'s father.[1] The Hennepin County Juvenile Court subsequently granted interim legal custody of T.W. to the County and ordered that T.W. continue in out-of-home placement at an emergency protective care hearing. After a lengthy hospital stay, T.W. was discharged to foster care. She is physically and developmentally delayed.

On January 31, 2006, 1 week after T.W.'s birth, the County filed a petition to terminate parental rights or transfer permanent legal and physical custody with respect to T.W. The petition listed B.J.-M. as T.W.'s mother and a party to the proceeding, but listed H.W. as only T.W.'s alleged father. Because alleged fathers are participants—rather than parties—in termination of parental rights proceedings, see Minn. R. Juv. Prot. P. 21.01, subd. 3, 22.01(b), the petition did not name H.W. as a party to the proceeding but instead merely listed him as a participant.[2] The record suggests that the County attempted to serve H.W. with the petition by U.S. mail, but that H.W. did not receive the *671 petition because the County did not have his current address,

On March 14, 2006, the juvenile court held an admit/deny hearing on the termination of parental rights petition. The court also, held pretrial hearings on April 26 and June 1, 2006. H.W. did not appear at any of these hearings, but the record suggests that the court did not notify H.W. of these hearings.[3]

Trial on the petition to terminate parental rights was scheduled to take place on June 22 and June 26, 2006. On the first day of the scheduled trial, H.W. appeared in the action for the first time and acknowledged that he signed a recognition of parentage form. Following a discussion in chambers, those present agreed on the record that the trial would be delayed, and the court indicated that a public defender would be appointed to represent H.W. Although both the juvenile court and the County acknowledged that the petition to terminate parental rights needed to be amended to indicate that H.W. is an adjudicated, rather than alleged, father, the petition was never amended on the record, and no amended petition was ever filed with the court or served on H.W.

The juvenile court conducted a trial in this matter on October 9 and November 29, 2006. The court received approximately 73 exhibits into evidence, most of which were admitted by stipulation, and heard testimony from several witnesses. H.W. appeared on both days of trial, was represented by counsel, and actively participated in the proceedings. He testified on his own behalf and, through counsel, objected to the introduction of evidence, cross-examined witnesses, and made a closing argument. On January 5, 2007, the juvenile court ordered termination of B.J.-M.'s and H.W.'s parental rights to T.W. The Minnesota Commissioner of Human Services was appointed guardian and legal custodian of T.W.

On appeal, H.W. argued that the juvenile court erred because (1) the court terminated his parental rights on a basis that was not pleaded, (2) the court wrongly considered certain evidence, (3) the record did not support termination, (4) the County failed to adequately investigate transferring legal custody of T.W., and (5) the record did not support the finding that termination is in T.W.'s best interests. See In re the Welfare of the Child of B.J. M. and H.W., Parents, No. A07-272, 2007 WL 2472572, at *1 (Minn.App. Sept.4, 2007). Although the absence of a petition naming H.W. as a party to the termination proceeding was not raised in the juvenile court or by the parties on appeal, the court of appeals noted in its opinion:

This termination proceeding, like all others, involves sad and disturbing facts. But this case is also disturbing because of apparent procedural irregularities. Specifically, the district court file contains a petition to terminate mother's parental rights, but there is no petition to terminate father's rights. In addition, the file lacks any indication that father was served with a petition to terminate his parental rights, nor is there a copy of father's case plan.

Id. But the court of appeals concluded that H.W. had "waiv[ed] any procedural argument he may have had" regarding the pretrial, proceedings by agreeing to a trial on the termination of his parental rights. Id. The court ultimately affirmed the juvenile *672 court order. Id. at *1-6. On November 6, 2007, we granted H.W.'s petition for review.

Minnesota Statutes § 260C.301, subd. 1(b) (2006), provides that "[t]he juvenile court may upon petition, terminate all rights of a parent to a child * * * if it finds that one or more of the [statutory grounds for termination] exist." The "paramount consideration" in termination of parental rights proceedings is "the best interests of the child." Minn.Stat. § 260C.301, `subd. 7 (2006). But as the United States Supreme Court has recognized, the termination of parental rights also implicates substantial and fundamental liberty interests of the parents:

Lassiter declared it "plain beyond the need for multiple citation" that a natural parent's "desire for and right to the companionship, care, custody, and management of his or her children" is an interest far more precious than any property right.

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In re the Welfare of the Child of B.J.-M.
744 N.W.2d 669 (Supreme Court of Minnesota, 2008)

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Bluebook (online)
744 N.W.2d 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bj-m-minn-2008.