In Re the Welfare of A.J.C.

556 N.W.2d 616, 1996 Minn. App. LEXIS 1439, 1996 WL 734373
CourtCourt of Appeals of Minnesota
DecidedDecember 24, 1996
DocketC8-96-1282
StatusPublished
Cited by12 cases

This text of 556 N.W.2d 616 (In Re the Welfare of A.J.C.) 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
In Re the Welfare of A.J.C., 556 N.W.2d 616, 1996 Minn. App. LEXIS 1439, 1996 WL 734373 (Mich. Ct. App. 1996).

Opinion

OPINION

CRIPPEN, Judge.

On this appeal from an order terminating her parental rights, following our earlier remand of the case for further trial court findings, the children’s mother renews her assertions that the court failed to make vital findings and that other critical findings are not supported by the evidence. Most pointedly, she contends (a) that there are neither findings nor evidence to permit an ultimate determination that her present circumstances threaten the children with the pattern of neglect that occurred earlier, or that more neglect can be expected for the indefinite future, and (b) that neither the evidence nor the findings show that the petitioning agency can, through termination of parental rights, achieve benefits for the children that are sufficient to offset the resulting harm to the children. Based on a painstaking review of the record, we affirm.

FACTS

Appellant S.M. is the mother, of three children, two of whom are subject to the current action: A.J.C., born in April 1987, and R.L.K., born in March 1990.

Appellant requested that Scott County place her children in foster care while she underwent surgery. The voluntary placement agreement provided that the county would place A.J.C. and R.L.K. in foster care in March 1994 and that they would return home one week later. Six days later, appellant asked to continue foster care, because she was concerned about her sobriety, her stability, and her ability to create a good home for the children. She and the social worker agreed to continue foster care for two additional weeks and to have appellant undergo a mental health diagnostic assessment, undergo a psychiatric consultation, and continue chemical dependency treatment.

When appellant failed to pick up her children at the end of the scheduled foster care term and made no contact with the social worker for several additional days, the county filed a CHIPS petition. Appellant admitted the petition, and the court adjudicated A.J.C. and R.L.K. in need of protection or services and transferred their legal and physical custody to Scott County Human Services.

The court approved a case plan and reunification plan in May 1994. The plan required appellant to complete a certified aftercare program and maintain sobriety; to complete all conditions of her probation; to complete a parenting course; to complete a psychological assessment and follow its recommendations; to complete a medication evaluation with a psychiatrist and follow recommendations; and to obtain paid employment and suitable, permanent housing by August 1994. The plan also included a visitation schedule, under which appellant would visit both children each Sunday in May, each Saturday and Sunday in June, and every weekend from Friday to Sunday in the month of July; her visitation would gradually increase until the proposed reunification in August. The visitation schedule also required appellant to call each child a minimum of one time per week.

The August 1994 reunification did not occur because appellant had not complied with these conditions. Over the next ten months, the court and appellant set four more reunification dates, each of which failed because appellant’s rehabilitation was not complete. Before the last reunification date in June 1995, the county received a report of appellant’s maltreatment of R.L.K. that halted the reunification process. After visitation with appellant, R.L.K. had returned to her foster home with a bruise on her right buttock. R.L.K. explained that her mother had spanked her bare bottom with an open hand, causing the quarter-sized bruise. The investigation of this incident also revealed that the *619 children feared appellant when she was angry and that R.L.K. had been the victim of inappropriate sexual touching from both her brother, A.J.C., and her older sister, S.S.

Having determined that maltreatment had occurred and the children needed protective services, the county petitioned the court to terminate appellant’s parental rights. After trial, the court terminated parental rights based on its finding that appellant had failed her duties in the parent-child relationship and that the county’s reasonable efforts at reunification had failed.

On appeal of the termination decision, this court agreed with appellant’s contentions that the trial court had failed to evaluate the best interests of the children and may have overlooked appellant’s rehabilitation.

On the subject of appellant’s rehabilitation, we observed in our earlier order (a) that in June 1995, the trial court approved reunification of the children with appellant when she obtained appropriate day care, (b) that this plan failed only because of a report that appellant mistreated R.L.K. in June, and (c) that the trial court failed to determine if the alleged abuse occurred. We remanded for findings showing whether the incident occurred as reported. In addition, showing our concern for the evidence that reunification was judged appropriate before the incident, we demanded findings on the “impact” the incident had on the trial court’s ultimate finding of neglect.

On the contention that termination of parental rights conflicted with the best interests of the children, we asked for findings to show if termination was in the best interests of the children and for a statement of the court’s rationale for its best interests conclusion. We instructed the court to find “whether the benefits of termination outweigh the loss of the children’s relationship with appellant.”

On remand, the trial court made modified findings without taking further evidence. The court found that the June 1995 abuse report indicated that R.L.K. was “bruised as a result of a spanking” and that A.J.C. said appellant spanked him during the same weekend visitation. The court then found (a) that the “maltreatment” occurred, (b) that there was “bruising” on R.L.K.’s buttock, (c) that R.L.K. was spanked “excessively,” (d) that appellant “was unable to control her anger,” and (e) that this made it “unsafe” to have appellant care for the children.

The trial court did not respond on the remand instruction that it state the impact of the spanking incident on the ultimate finding of neglect. Enlarging appellant’s concern that the trial court ignored her present situation, the court added a finding that a recurrence of problems “experienced in the past” would endanger the child, without stating the prospect that such incidents would be repeated.

The trial court’s best interests findings, added on remand, addressed appellant’s parenting disabilities and stated that appellant had “only sporadically exercised her visitation rights” while the children were in foster care. The court left intact its earlier statement that future visitation contacts of appellant might be appropriate. It stated:

If the children’s psychologists deem it in the children’s best interest, respondent may still be able to have contact with her children.

In its added findings, the court said that foster care provided the children a better environment than the care that their mother had given in the past, and the court left unchanged its previous observation, after stating the needs of the children for competent care, that “[l]ong term foster care or adoption may provide them with that.”

ISSUE

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In Re the Children of Wildey
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Cite This Page — Counsel Stack

Bluebook (online)
556 N.W.2d 616, 1996 Minn. App. LEXIS 1439, 1996 WL 734373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-ajc-minnctapp-1996.