In Re the Welfare of A.R.G.-B.

551 N.W.2d 256, 1996 Minn. App. LEXIS 811, 1996 WL 379704
CourtCourt of Appeals of Minnesota
DecidedJuly 9, 1996
DocketC5-95-2735
StatusPublished
Cited by3 cases

This text of 551 N.W.2d 256 (In Re the Welfare of A.R.G.-B.) 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.R.G.-B., 551 N.W.2d 256, 1996 Minn. App. LEXIS 811, 1996 WL 379704 (Mich. Ct. App. 1996).

Opinion

OPINION

HARVEY A. HOLTAN, Judge. *

Appellants S.G. (mother) and A.B. (father) appeal the permanent placement order in a juvenile protection proceeding awarding legal and physical custody of appellants’ daughter A.R.G.-B. to the mother’s parents, V.G. and G.G. (maternal grandparents). The trial court found that considering A.R.G.-B.’s extreme need for consistent medical care, attentive parenting, and a healthy environment, A.R.G.-B.’s best interests require her permanent placement with the maternal grandparents pursuant to Minn.Stat. § 260.191, subd. 3b(a)(l) (1994). We affirm.

FACTS

A.R.G.-B. and her male twin were born prematurely on April 5, 1994. Appellants have three other children, ages five, four, and two. The father is employed as a laborer, and the mother is not employed outside the home.

Because of their multiple health problems, both A.R.G.-B. and her male twin were released to appellants’ care with an apnea monitor to alert appellants to slow or fast heart rates or decreased respiration. A.R.G.-B.’s male twin died on July 12,1994, for unknown reasons. The children’s apnea monitors had not been used for about 10 to 12 hours prior to the male twin’s death. The children’s doctor recommended that A.R.G.-B. be removed from appellants’ home until the exact nature of her medical condition and the parental and environmental factors contributing to the male twin’s death could be determined. Stearns County Social Services (the county) filed a child in need of protection or services petition on July 20, 1994. Pursuant to the trial court’s order, A.R.G.-B. was placed in foster care on July 27,1994.

On August 1, 1994, the trial court adjudicated A.R.G.-B. to be in need of protection or services on the basis of appellants’ admission. The trial court issued an interim disposition order on August 18, 1994, directing appellants to immediately engage in budget planning with the county and providing that A.R.G.-B. would be placed with the maternal grandparents as soon as the maternal grandmother became a licensed foster care provider. A.R.G.-B. was placed with the maternal grandparents on September 19, 1994, and has remained there since that time.

The trial court’s September 6, 1994, disposition order continued A.R.G.-B.’s temporary legal custody with the county and placement in foster care. The disposition plan included in the order contained the following elements: (1) that appellants work with a housekeeper provided by the county to maintain the housekeeping standard from week to week; (2) that appellants cooperate with an assessment and goals as determined by an *259 in-home skills counselor, to provide a safe, clean, and organized living environment for the family; (3) that prior to reunification, the home environment will have an adequate level of housekeeping, as determined by the social worker and public health nurse; (4) that appellants keep all scheduled appointments with service providers or cancel and reschedule appointments in a timely manner; (5) that appellants complete individual psychological and psychiatric evaluations and follow all recommendations; (6) that appellants attend individual therapy to determine and address issues of depression, grief, and loss, and other issues as may be recommended by the treating therapist; (7) that appellants cooperate and work with the assigned financial worker from the county and comply with the budget or recommendations of the financial worker; (8) that appellants follow all recommendations of A.R.G.-B.’s treating physicians and keep all appointments with the home health aide for the purpose of childcare, nutrition, and bathing; and (9) that appellants maintain a working telephone in the residence at all times. The order also allowed appellants liberal visitation with A.R.G.-B., except overnight visitation, which was to begin at the county’s discretion. The county set a visitation schedule at the maternal grandparents’ home for one hour, three times a week.

The first housekeeper placed by the county in October 1994 indicated she was not willing to return to appellants’ home because the mother was not showing any effort to maintain the home, the home was filthy, and there was an unrelated male present in the home. The county placed a more experienced housekeeper in November 1994. Appellants and the second housekeeper agreed to terminate that housekeeper’s services. The second housekeeper also indicated the mother had made no progress toward improving the cleanliness of the home. In December 1994, appellants requested that a third housekeeper not be placed in their home.

A county social worker conducted a diagnostic assessment of the mother on August 16, 1994. The assessment indicates that the mother’s mood and affect appeared depressed but that her thought processes and content were appropriate. The mother met with the social worker for individual therapy on August 26, 1994. The mother failed to appear for the next three scheduled appointments, and the record does not show that further appointments were scheduled.

Appellants had no contact with their assigned worker from the county money-management program from October 1994, until April 1995, despite numerous letters from the worker requesting an appointment. Appellants obtained telephone service in their home in April 1995, but telephone service was discontinued by June 1995 because appellants had an unpaid phone bill of approximately $1,500 to $2,000. Appellants’ cooperation with budget counseling was sporadic.

A county public health nurse provided nursing services to the family. In an April 1995 report, the nurse stated that appellants’ housekeeping and follow-through on suggestions to improve safety in the home have been inconsistent. The nurse stated that while appellants have made improvements to the home, there continue to be overflowing trash cans in the home and trash in the yard. The nurse stated that she had observed only limited interaction between appellants and their three older children, and that the children appear dirty and unkempt. The nurse stated appellants have been offered enrollment in support groups and counseling to address their grief over the death of the male twin, but appellants have not engaged in counseling. In a September 1995 report, the nurse indicated that appellants’ housekeeping remains inconsistent and that on some visits the children have appeared dirty.

The father completed a psychological evaluation in January 1995. The father described an extensive criminal history, including convictions for aiding and abetting an armed robbery, criminal sexual conduct, welfare fraud, driving while intoxicated, and misdemeanor theft. The father denied any mood or anxiety disorder and indicated he was not particularly depressed over the death of the male twin. The psychologist concluded that the father was not experiencing significant depression, anxiety, or feelings of grief or loss. The psychologist stated *260 the father has an antisocial personality disorder, which is not amenable to therapy.

The mother missed her initially-scheduled appointment for a psychological assessment in March 1995, but she was evaluated in May 1995 by both a psychiatrist and a psychologist. The psychiatric evaluation states the mother reported she was not significantly depressed by the death of the male twin at any time.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
551 N.W.2d 256, 1996 Minn. App. LEXIS 811, 1996 WL 379704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-arg-b-minnctapp-1996.