In re Petition to Adopt S.T.

512 N.W.2d 894, 1994 Minn. LEXIS 173
CourtSupreme Court of Minnesota
DecidedMarch 11, 1994
DocketNo. C0-92-1672
StatusPublished
Cited by12 cases

This text of 512 N.W.2d 894 (In re Petition to Adopt S.T.) 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 Petition to Adopt S.T., 512 N.W.2d 894, 1994 Minn. LEXIS 173 (Mich. 1994).

Opinion

PAGE, Justice.

This case involves Robert and Laurie IsM-erka’s attempt to adopt S.T. and N.T., two African-American children for whom they provide foster care. On May 22, 1989, S.T., born December 27, 1987, and N.T., born November 10, 1988, were placed in the Iskier-ka’s home for emergency shelter care. The Iskierkas became the children’s foster parents on July 13, 1989. At the time, the Iskierkas were licensed foster care providers and residents of Hennepin County. The Iskierkas, who are Caucasian, currently live in Carver County and have four children, two of whom were adopted after being placed in their home as foster children. S.T. and N.T. continue to reside in the Iskierkas’ home. During the last ten years, the Iskierkas have provided foster care for approximately forty-five children.

S.T. and N.T. are state wards and are under the guardianship and legal custody of the Minnesota Commissioner of Human Services. Hennepin County Social Services is the local agent for the Commissioner, responsible for S.T. and N.T.’s social service plan, including pre-adoption placement.1 S.T.’s and N.T.’s mother’s parental rights were terminated in Hennepin County Juvenile Court on August 29, 1990. The district court denied the mother’s motion to vacate the termination on September 25, 1990. On April 23, 1991, the court of appeals affirmed the trial court’s order and this court declined review on June 19, 1991.

The Commissioner waited until after this court declined review to begin planning for permanent placement of the children and to recruit relatives of the children for possible adoptive placement. According to the Commissioner, several relatives of S.T. and N.T. expressed an interest in adopting the children. Some of these relatives resided outside of Minnesota and, as a result, the Commissioner requested home studies through the Interstate Compact for the Placement of Children. The Commissioner eventually identified one relative, an aunt of the mother, as prospectively the most suitable adoptive parent. The aunt lives in Chicago and is the only relative under serious consideration at this time.

The Commissioner began visitation between the aunt and the children in February 1992. The Commissioner planned to transition the children to the aunt’s care for pre-adoptive placement in July of 1992. By letter dated January 30, 1992, the Iskierkas informed the Commissioner that they desired to adopt the children. The Iskierkas informed the Commissioner in May of 1992 that they intended to file a petition for adoption. The Commissioner refused to consent to the adoption.

On May 11, 1992, the Iskierkas filed motions in Carver County District Court for waiver of agency placement, leave to file a petition for adoption, waiver of home study, and award of temporary physical care, custody, and control of the children. On June 18, 1992, the Commissioner filed responsive motions to transfer venue to Hennepin County, deny waiver of agency placement, dismiss the petition for adoption for lack of consent un[897]*897der Minn.Stat. § 259.24, subd. 1 (1992), and deny the award of temporary custody.

After a hearing on July 16, 1992, the trial court, by order filed July 28, 1992, granted the Iskierkas’ motions for temporary care and control, waiver of agency placement, and for permission to file the adoption petition. In addition, the trial court ordered a home study regarding the petition, and maintained venue in Carver County. As a result of this order, the pre-adoption placement with the children’s aunt did not take place and no further action was taken to place the children with the aunt. The Commissioner appealed, and, on March 16, 1993, the court of appeals affirmed the trial court in all respects, 497 N.W.2d 625.

The Commissioner filed a petition for further review, specifically requesting that this court either dismiss the Iskierkas’ petition for lack of jurisdiction, or, in the alternative, remand for a determination of the reasonableness of her refusal to consent, under Minn.Stat. § 259.24 (1992). The trial court’s denial of the Commissioner’s motion to dismiss for lack of jurisdiction is appeal-able of right. Cf. Hunt v. Nevada State Bank, 285 Minn. 77, 88-89, 172 N.W.2d 292, 299-300 (1969), cert. denied 397 U.S. 1010, 90 S.Ct. 1239, 25 L.Ed.2d 423 (1970). Because this ease involves statutory interpretation, our review is de novo. Hibbing Educ. Ass’n v. Pub. Employment Relations Bd., 369 N.W.2d 527, 529 (Minn.1985).

The Commissioner contends that Minn. Stat. § 259.24, subd. 1(e), which, when applicable, grants the Commissioner the exclusive right to consent to an adoption, deprives the district court of jurisdiction where the Commissioner has withheld consent. In the alternative, the Commissioner argues that if the court does have jurisdiction, the court’s review should be summary in nature and limited to a preliminary determination of the reasonableness of denying consent.

The Commissioner bases its argument on its reading of section 259.24, subds. 1(e), 5 and 7, in conjunction with Minn.Stat. § 259.-255. Minn.Stat. § 259.24, subd. 5, addresses the timing for filing consents. Minn.Stat. § 259.24, subd. 7, prohibits the Commissioner from unreasonably denying consent. Minn.Stat. § 259.255 provides a preference for adoptive placement with relatives. Applying its narrow interpretation of these statutes, the Commissioner reasons the preference for adoptive placement with relatives should have required the district court to find the denial of consent reasonable as a matter of law. Thus, under the Commissioner’s theory, if placement with a relative is possible, the denial of consent to file an adoption petition by a non-relative is reasonable by fiat.

We disagree with the Commissioner’s interpretation of each of these adoption statutes. Minn.Stat. § 259.24, subd. 1(e) (1992) reads:

The commissioner or agency having authority to place a child for adoption pursuant to section 295.25, subdivision 1, shall have the exclusive right to consent to the adoption of such child.

In In re Adoption of Zavasky, 241 Minn. 447, 453, 63 N.W.2d 573, 578 (Minn.1954),2 this court held that by the “explicit wording” of subdivision 1, the legislature intended to deprive the court of jurisdiction over the adoption proceeding absent the Commissioner’s consent to a petition for adoption. However, in 1974, the legislature enacted Minn.Stat. § 259.24, subd. 7, which reads “[cjonsent to an adoption shall not be unreasonably withheld by a guardian, who is not a parent of the child, by the commissioner or by an agency.” For this subdivision to be given effect, the trial court must have jurisdiction over the adoption proceeding to determine whether or not the Commissioner’s decision to deny consent was unreasonable. Therefore, we hold that subdivision 7 grants the trial court jurisdiction over the adoption proceeding absent the Commissioner’s consent to an adoption petition.

Further, Minn.Stat. § 259.24, subd.

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677 N.W.2d 428 (Court of Appeals of Minnesota, 2004)
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In Re the Adoption of C.H.
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515 N.W.2d 618 (Court of Appeals of Minnesota, 1994)
In Re ST
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Bluebook (online)
512 N.W.2d 894, 1994 Minn. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-petition-to-adopt-st-minn-1994.