In Re the Welfare of C.D.

393 N.W.2d 697, 1986 Minn. App. LEXIS 4824
CourtCourt of Appeals of Minnesota
DecidedOctober 7, 1986
DocketC2-86-112
StatusPublished
Cited by1 cases

This text of 393 N.W.2d 697 (In Re the Welfare of C.D.) 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 C.D., 393 N.W.2d 697, 1986 Minn. App. LEXIS 4824 (Mich. Ct. App. 1986).

Opinion

OPINION

LANSING, Judge.

Sarah T. appeals from an order denying her motion for a new trial or, alternatively, for amended findings, and from an order terminating parental rights to her four children. The order also terminated the parental rights of her husband, the father of three of the children. He does not appeal. We affirm.

FACTS

Sarah T. is the mother of C.D., age 14; C.T., age nine; M.T., age six; and S.T., age two. Her first court proceeding in connection with the children began with a petition filed by Dakota County in November 1980. This occurred after the county removed C.D. from his home and placed him in emergency foster care. The petition alleged that Sarah T. and her husband were neglecting C.D., then age eight; C.T., age three; and four-month-old M.T. S.T. was not yet bom. A county social worker recommended an initial reunification plan to the court on December 3, 1980. The plan included psychological evaluation of C.D. and physical evaluation of all three children. On April 22, 1981, another social worker recommended an updated reunification plan which included a comprehensive evaluation and treatment program for Sarah T., individual therapy and eventual family counseling for C.D. and counseling for Sarah T.’s husband, Marcus T.

On June 2,1981, after a hearing, the trial judge found the children were neglected within the meaning of Minn.Stat. § 260.-015(10)(b) (1984) (“without proper parental care because of the faults and habits of their parents”). As part of the disposition, the court ordered protective supervision with Dakota County over C.T. and M.T. and ordered family therapy, also under direction of the county. The court reviewed this disposition eight times between the initial adjudication and November 1984. Each time, the court found the children continued to be neglected. Also, in each of these reviews the county social services submitted recommendations for reunification plans which involved counseling for Sarah T., counseling and chemical dependency treatment for the children’s father, and counseling for the children.

In December 1981 C.D. returned home, and Dakota County received protective supervision over all the children. The court ordered continued therapy.

On June 24, 1982, Sarah T. and her children entered Lewis House Shelter for Battered Women, but they left on the same day. A month later the children’s father was charged with fourth-degree assault on Sarah T. for an incident which occurred on July 18, 1982.

On July 22, 1982, a social worker and police officer intervened at the home because Sarah T. attempted suicide. She assaulted both the social worker and police officer. She was placed on a 72-hour hold at Mounds Park Hospital psychiatric unit. The three children were placed in a foster home, where they remain. The court transferred custody of C.D., C.T. and M.T. to the county.

Sarah T. was later hospitalized at the psychiatric unit of the Metropolitan Medical Center from October 24, 1982, through November 19, 1982. Her counselor, Sam Scholl, testified that

along with Dr. Lakosky, who was the attending psychiatrist * * * we felt that her problems were more of a personality disorder type rather than just depression or anxiety * * * [Personality disorders come pretty much out of a lifestyle where there has been a lot of abuse, there has been a lot of failure, there has been a lot of hardship.

*699 The next incident occurred in August 1983, when Sarah T. verbally abused and assaulted a child protection worker by repeatedly hitting her with a closed fist. After the assault, she was assigned to a new social worker, but made minimal effort to contact him between the time of his appointment and the date of the trial. There were three other incidents of assaultive behavior between the August 1983 incident and the trial court date.

From July 1983 until the end of January 1984, Sarah T. lived at the New Hope Center, a residential home for women with problems. The environment is extremely structured; the director testified that Sarah T. was not violent or verbally abusive there.

In November 1983 Sam Scholl recommended terminating visitation between the parents and children because the visits were upsetting to the children.

On January 27, 1984, S.T. was bom. In the hospital Sarah T. received a referral to a public health nurse. The nurse testified that, on her first visit, Sarah T. told her that in the past she had other people’s thoughts, but now she had her own thoughts again. The nurse observed S.T. as a normal, healthy, two-week-old baby, with her birth weight in the 50th percentile. On later visits the nurse noticed Sarah T. was under greater stress. Her speech rambled and was difficult to follow, particularly her religious references. The nurse said that, over the course of her visits, Sarah T.’s parenting ability and mental health deteriorated. The nurse became concerned about S.T.’s slow weight gain. At three months of age, S.T.’s weight had dropped to the fifth percentile. By May 1984 the nurse believed that Sarah T. was very preoccupied with the outside stresses in her life and the care of S.T. was only adequate most of the time.

On May 9, 1984, Sarah T. placed S.T. at the Minneapolis Crisis Nursery. While at the nursery, S.T. was taken to Minneapolis Children’s Hospital because the child-care staff of the nursery were concerned about her physical condition, which included underweight, a rash covering her chest and back, and ointment caked into her groin area. At the nursery S.T. gained a pound in 48 hours, which the director testified was quite unusual for a three-month-old. In the previous two months she had gained only four ounces. The physician at the hospital prescribed medication to reduce the inflammation and swelling and to treat her seborrhea and diaper rash. Another prescription was provided for a double ear infection. On May 11 Sarah T. took S.T. out of the nursery and home with her.

The public health nurse last visited Sarah T. on May 11, 1984. Sarah T. had moved out of her mother’s house and had started to live independently in an apartment. She became increasingly agitated during the nurse’s visit. In talking about plans for S.T., including a doctor’s appointment for a weight check and general checkup, Sarah T. “very suddenly lunged at [the nurse], began screaming, and was shaking her fist about one inch from [the nurse’s] face, screaming at [the nurse] to quit pressuring her, to get out and never come back.” On the same day she shouted, “I don’t care if [S.T.] lives or dies. You can have her anyway. I know you are trying to take her away from me.” The nurse testified that S.T. was at high risk for abuse or neglect. She based this opinion on the behavior Sarah T. had exhibited toward her (the nurse), the suddenness of mood change, her preoccupation with other stresses and S.T.’s consistently poor weight gain.

After S.T.’s birth, Sarah T. moved to Minneapolis and began working with a Hennepin County social worker. In early 1984, during an unscheduled visit at his office, she assaulted the social worker. After Sarah T. removed S.T. from the crisis nursery, the social worker visited her at her apartment. Sarah T. began screaming at him, handed him the infant (S.T.) and told him to take the baby from the home. The social worker took S.T. to Hennepin County Medical Center for a checkup and placed her in shelter care.

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Related

In Re the Welfare of M.D.O.
462 N.W.2d 370 (Supreme Court of Minnesota, 1990)

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Bluebook (online)
393 N.W.2d 697, 1986 Minn. App. LEXIS 4824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-cd-minnctapp-1986.