In Re the Welfare of J.H.D.

416 N.W.2d 194, 1987 Minn. App. LEXIS 5077, 1987 WL 20755
CourtCourt of Appeals of Minnesota
DecidedDecember 8, 1987
DocketC8-87-688, C2-87-783
StatusPublished
Cited by2 cases

This text of 416 N.W.2d 194 (In Re the Welfare of J.H.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 J.H.D., 416 N.W.2d 194, 1987 Minn. App. LEXIS 5077, 1987 WL 20755 (Mich. Ct. App. 1987).

Opinion

OPINION

RANDALL, Judge.

An adjudication of neglect was entered against appellant parents on December 3, 1983. Their children, RD, JD and CD were placed in foster care in July, 1984; the parents regained custody in August 1984. The parents separated in June of 1985, and the children remained living with the mother. After substantiated reports of neglect in July 1985, the father obtained legal and physical custody. In September 1985, the children were placed in emergency foster care. February 19, 1987, the trial court *196 issued an order terminating both the mother’s and the father’s parental rights. March 31, 1987, the trial court affirmed in part and denied in part the mother’s and the father’s respective motions for new trials. The parents appeal. We affirm.

FACTS

Appellants were married in October 1980. They have three children, RD born May 11, 1981, JD born May 1, 1982, and CD, born October 27, 1983. The mother is now 25 years old, and the father is 28. From 1981 to 1983, the parents engaged in farming. In 1983, they moved to Elbow Lake.

In an order of December 15, 1983, RD, JD and CD were adjudicated to be neglected children. The trial court found the children were repeatedly left unattended for up to an hour, while the parents were away from home; on numerous occasions, JD had been tied to the bed by his ankle; and CD, who was only seven weeks old at the time of the order, had been left in a room alone, with the door closed, when both parents were away from home.

The court found the children were without proper parental care because of the faults and habits of their parents. The parents admitted on the record that the children were neglected children. The parents retained physical custody, subject to county supervision and monitoring. The public health nurse commenced visiting the mother one or two times weekly. The father was generally not at home during these visits. Among the topics the nurse discussed with the mother were home management and nutrition.

On July 19, 1984, the children were placed in foster care, after the police stopped a motorcycle on which the parents and all three children were riding. The children were returned to the parents one month later. In December 1984, the county received a report that the situation had deteriorated in the household. Reportedly, the house reeked of urine, and dog feces were on the floor. Although the father was aware the house was unclean, he apparently did nothing to remedy the situation, and on occasion merely stepped over dog feces on the floor.

On March 6, 1985, the trial court ordered that the parents should have physical and legal custody subject to continued public health nursing services. During this time, the mother had the primary duty of caring for the children, because the father worked and was rarely home during the day.

In May 1985, the mother separated from the father, moving to a new home. By agreement of the parents, the children went to live with the mother.

While the children lived with their mother, some problems were reported. The mother had no stove, and cooked on a hotplate. The children had no beds, and slept on the floor. On June 4, 1984, a babysitter reported to the county that there was an inadequate supply of diapers, and that the children were not properly dressed for the weather. June 30, 1985, RD woke to find her mother gone, and walked about one mile to her father’s house, where she stayed. In July, a public health nurse discovered blisters on RD’s knees, which RD alleges were caused when her mother burned her with a cigarette.

On July 26, 1985, after a review hearing, the trial court ordered that the father have physical custody of the children, subject to supervised visitation by the mother. There was testimony that while the children were with their father, the dishes tended to be clean and there was more food in the refrigerator than when the mother ran the home, but that the house was still filthy and reeked of urine.

On September 6, 1985, the father permitted the mother to have unsupervised visitation with the children, in violation of the July 26, 1985, order. The mother took the children to the home of her boyfriend. Meanwhile, the father drank a substantial quantity of beer. That evening, the father took his gun to the house of the mother’s boyfriend. He attempted to get into the house, but the mother closed the door. The mother testified that the father could see the children sleeping on a couch near the front door, but nevertheless fired one *197 shot at the door. Then he allegedly fired three other shots as he entered and pursued the mother’s boyfriend, who escaped through a back door. The mother was hit in the chest by a bullet fragment. The boyfriend received an injury to the leg.

The sheriff later found the father at his home, after he had attempted to kill himself by a gunshot in the chest. The sheriff noted that at the time, the house was unclean and a pile of laundry in the basement appeared to be growing “mold.” After the shooting incident, the children were placed in emergency foster care. The father was sentenced to imprisonment on January 7, 1986. His target release date is May 2, 1988.

An amended petition for termination of parental rights was dated May 22, 1986. At the hearings October 7, 8, 28 and 29, documentary evidence was introduced about the parents and their parenting skills and maturity, as well as about the children, their development and their relationship to their parents.

Witnesses testified that neither mother nor father had been able to provide the children with adequate cleanliness, food, supervision, and prompt medical care, among other things. There was testimony the mother had given alcohol to RD and CD. There was testimony both parents had been remiss in obtaining prompt medical care for minor ailments of the children. Testimony indicated the mother intentionally burned RD with a cigarette, and JD had a discolored cheek. The cause of JD’s injury was unexplained, but which a physician thought was caused by a blow. Although there was no testimony the father had ever physically abused the children, and the mother testified father had never struck her or the children, the mother did testify the father has trouble controlling his temper at times. Both parents agree they are chemically dependent, and have undergone treatment.

In its findings of fact and conclusions of law, the trial court determined the parents either refused or neglected to provide for their children’s necessary, physical, educational and emotional needs. The court found the children were neglected and in foster care, and that it was not possible to determine when the parents would be able to assume parental responsibilities. Therefore, the court found, it is in the best interests of the children, in order to provide them with a stable home environment, that the parents’ rights be terminated. The parents appeal the denial of their motions for new trial following the order terminating parental rights.

ISSUES

1. Did the amended petition for termination contain sufficient specific facts to give the father adequate notice to prepare a defense?

2. Did the trial court improperly shift to the parents the burden of proof of chemical dependency?

3.

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Related

In Re the Welfare of R.T.B.
492 N.W.2d 1 (Court of Appeals of Minnesota, 1992)

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Bluebook (online)
416 N.W.2d 194, 1987 Minn. App. LEXIS 5077, 1987 WL 20755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-jhd-minnctapp-1987.