In Re the Welfare of B.L.W.

395 N.W.2d 426, 1986 Minn. App. LEXIS 4938
CourtCourt of Appeals of Minnesota
DecidedNovember 4, 1986
DocketCO-86-237
StatusPublished
Cited by2 cases

This text of 395 N.W.2d 426 (In Re the Welfare of B.L.W.) 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 B.L.W., 395 N.W.2d 426, 1986 Minn. App. LEXIS 4938 (Mich. Ct. App. 1986).

Opinion

OPINION

LANSING, Judge.

Ramsey County Community Human Services Department (RCCHSD) successfully petitioned to terminate the parent-child relationship between appellant Pamela Stokke and her son, B.L.W. Stokke appeals the termination order, contending it is not supported by clear and convincing evidence. We affirm the order.

FACTS

Stokke’s contacts with social service agencies began before B.L.W.’s birth. During her pregnancy, she met regularly with a public health nurse, a pregnancy counselor, and a social worker affiliated with the St. Paul-Ramsey Medical Center. Stokke has a seizure disorder, is mildly mentally retarded, and lacks independent living skills. The social worker believed these factors put Stokke at high risk for abusing or neglecting her child and referred Stokke to RCCHSD at B.L.W.’s birth in October 1983. Judith Brumfield, a social worker in the child protection unit, was assigned to work with Stokke.

Brumfield’s first visit occurred three weeks after B.L.W.’s birth. Stokke and B.L.W. were living with B.L.W.’s adjudicated father, M.W. Stokke made no positive statements about B.L.W. and indicated to Brumfield that she did not want the baby. In a later visit with both parents, M.W. told Brumfield that, although he had not wanted B.L.W., he was very opposed to placement.

During the fall of 1983, B.L.W. was frequently left in the care of his maternal grandmother. Several times M.W. and Stokke left B.L.W. unattended in their apartment. Brumfield observed no signs *428 of nurturing between either parent and B.L.W. The parents’ relationship with each other was unstable, and Stokke twice obtained orders for protection because of M.W.’s physical violence. Stokke eventually separated from M.W. and moved with B.L.W. to her mother’s home.

B.L.W.’s grandmother assumed his primary care. The public health nurse visited her daily and Brumfield visited twice a week. Since birth, B.L.W. has exhibited a number of health and developmental problems. He has been diagnosed as suffering from fetal dilantin syndrome, apparently caused by Stokke’s overdose of anti-seizure medication resulting in hospitalization during her pregnancy. B.L.W. also has substantial feeding problems. In April 1984 he was determined to be developmentally delayed and was assigned a special educator who visits weekly. Although the county initially considered B.L.W.’s grandmother a parenting resource, it became increasingly apparent to Brumfield that she lacked the commitment to care for his special needs.

Brumfield observed B.L.W.’s development was being further delayed due to inadequate nurturing, stimulation, and care. On that basis, RCCHSD petitioned for a neglect and dependency order. Following a hearing in August 1984, the court found B.L.W. neglected and dependent as to both parents within the meaning of Minn.Stat. § 260.015, subds. 6(d) and 10(b), (c) (1984). RCCHSD received temporary custody. B.L.W. was placed in the foster home of Shirley McKelvey, who specializes in emotionally disturbed children.

Separate case plans were developed for Stokke and M.W. On Brumfield’s advice, Stokke became involved with the Nekton In-Home Services Program, which assists mentally retarded parents. Her case plan required that she continue with this program. In October 1984 Stokke moved into McKelvey’s foster home with B.L.W. to receive hands-on training and role modeling in parenting. Stokke did not understand part of her original case plan and it was revised to specifically set out her responsibilities. Stokke was expected to feed and care for B.L.W. during his waking hours, and McKelvey was responsible for general meal preparation and housekeeping. Problems developed immediately; B.L.W. regressed socially and behaviorally when around his mother, and Stokke did not want to feed him because it was difficult and time-consuming. McKelvey resumed feeding B.L.W. in January 1985.

In accordance with her case plan, Stokke also completed a psychological assessment and evaluation of parenting skills. Stokke’s full-scale I.Q. score at 71 placed her in the “borderline to mildly mentally retarded range of functioning” and indicates “a significant handicapping condition.” Academically, Stokke functions at a fourth-grade level.

Dr. Farseth, a licensed consulting psychologist, observed Stokke with B.L.W. and noted that she lacked understanding of his developmental level. Dr. Farseth concluded that a serious problem existed in Stokke’s parenting ability because her emotional immaturity, dependence, low ability, and confusion made her and those in her care very vulnerable.

In Dr. Farseth’s opinion, the program “at the foster home is * * * the one that would best give [Stokke] the opportunity to acquire parenting skills.” Dr. Farseth also indicated that

[B.L.W.] is approaching an age when permanent planning needs to be done. If substantial growth and progress is not shown very soon in [Stokke’s] ability to become [B.L.W.’s] primary caretaker with respect to physical care and emotional needs, termination should be considered. This is especially crucial because [Stokke] has been with [B.L.W.] nearly continuously since his birth, and yet has not shown substantial progress.

In February 1985 Stokke confirmed that she was again pregnant and intended to leave the foster home and live with the expected child’s father. Stokke was told that if she moved out of Ramsey County, Nekton would drop her from their program and the county would seek, to terminate her *429 parental rights if she abandoned B.L.W. and failed to comply with her case plan. Despite this knowledge, Stokke rejected referrals to other adult foster homes and moved to Minneapolis in May 1985, leaving B.L.W. in McKelvey’s care. Stokke’s counselor at Nekton stated that although Stokke genuinely cared for B.L.W., her questionable ability to care for herself independently raised grave concerns about her ability to care for a dependent child.

In July 1985 Stokke’s case was transferred to RCCHSD social worker Gordon Dean. Brumfield prepared a petition for termination of Stokke’s parental rights and filed it in August 1985. After the petition for termination was drawn, no new case plan was prepared and RCCHSD made no further attempts to provide services or reunite Stokke and B.L.W.

During the summer and fall of 1985, Stokke called Dean approximately twice a month, usually about her Supplemental Security Income payments, which RCCHSD provided. She occasionally asked about B.L.W. and regularly visited him for two hours a week. In August 1985 she requested more visitation, which was arranged on Mondays at the place where B.L.W. was attending preschool. Between August and November, Stokke made only two visits.

When the petition for termination was filed, the court appointed Wendy Currey guardian ad litem. Currey observed B.L.W. with the preschool staff, his foster mother, and Stokke. In October 1985 she reported that B.L.W. “continues to adjust well in the McKelvey home” and “shows signs of attachment and affection to his foster mother.” B.L.W.’s preschool counselor/teacher evaluated his progress as significant.

Currey also observed that B.L.W. “tends to regress in his mother’s presence” and that his mother “is unable to provide appropriate and nurturing responses to [B.L.

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Related

In Re the Welfare of D.I.
413 N.W.2d 560 (Court of Appeals of Minnesota, 1987)

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Bluebook (online)
395 N.W.2d 426, 1986 Minn. App. LEXIS 4938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-blw-minnctapp-1986.