In Re the Welfare of M.A.

408 N.W.2d 227, 1987 Minn. App. LEXIS 4559
CourtCourt of Appeals of Minnesota
DecidedJuly 14, 1987
DocketC4-86-1617
StatusPublished
Cited by32 cases

This text of 408 N.W.2d 227 (In Re the Welfare of M.A.) 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 M.A., 408 N.W.2d 227, 1987 Minn. App. LEXIS 4559 (Mich. Ct. App. 1987).

Opinion

OPINION

CRIPPEN, Judge.

The mother and father appeal the trial court’s termination of their parental rights under Minnesota Statutes § 260.2219(b)(4) and (5) (1986). We affirm the terminations.

FACTS

M.A. and J.A. are the natural children of Bonnie M. and Perry A. J.A. was born in August 1978 and M.A. was bom in September 1980.

In September 1982, the parents submitted a voluntary dependency petition due to their financial difficulties. The petition stated that the parents “wish to be relieved *230 of the children’s] care and custody because of general emotional pressures due to financial difficulties, the fact of the parents’] unemployment, plus the pressure of being on public assistance.” The trial court found the children were dependent and granted the petition. See Minn.Stat. § 260.015, subd. 6(c) (1982) (“Dependent child” means a child whose parent for good cause desires to be relieved of the child’s care and custody). At that time, J.A. was four years and one month old and M.A. was two years old.

Based on this adjudication, the county abandoned an earlier petition that alleged the children were dependent and neglected, based on physical injuries observed on the children and on the parents’ temperament, drinking, waste of financial resources to purchase alcoholic beverages, and lack of cleanliness in the home.

Separate foster placement plans were prepared for the mother and father in October and November of 1982, because by that time they had separated. The foster placement plans contain essentially the same provisions. The mother’s plan, as an example of the two plans, required the mother to take the following actions, among others, “to eliminate or correct the problems or conditions” leading to dependency:

a. Complete a psychological evaluation and follow any recommendations for counseling and treatment.
b. Complete a chemical dependency evaluation and follow any recommendations for chemical dependency treatment.
c. Attend all parenting classes recommended and available.
d. Cooperate with supportive counseling in regard to appropriate home care, clothing care, and food shopping techniques.
e. Obtain and maintain a job as appropriate to her ability.
f. Obtain and maintain adequate housing.
k. Receive money management counseling.
l. Cooperate with counseling in regard to her violent tendencies and all violence will cease completely.
n. Meet with the social worker on a regular basis, and if unable to make an appointment, she will give prior notice.

In contrast to the detailed demands placed on the parents, the welfare department agreed to a general obligation for:

supportive services by the social worker, the collection worker, the CD counselor, the public health nurse and/or homemaker and any other staff person as appropriate.

The foster placement plan is reproduced as an appendix to this opinion.

At the time of the dependency adjudication, the parents were receiving public assistance. The welfare agency agreed to provide money management counseling but did not agree to provide services aimed at relieving the parents’ financial pressures, such as economic assistance, job skills training, or job application training.

In March of 1984, the welfare agency 1 suspended the mother’s visitation rights, based on a report from the psychologist working with M.A. and J.A. The social worker recommended suspending visitation due to the children’s reactions to the mother during visitation, i.e., the children hiding from the mother during visits, and name calling between the children and the mother. The child psychologist recommended suspending visitation “[b]ecause of [J.A.] ’s severe behavioral reaction to contact with [the mother].” Specifically, the psychologist believed it was “not fair to put J.A. through the stress visits cause her, or to expect foster parents to regularly cope with extreme behavioral difficulties if we are not even sure [the mother] will comply with court-ordered plans that she must do to regain custody.” The psychologist was also generally concerned with the utility of *231 parental visits “unless we are sure there is a reasonable likelihood that sufficient change has occurred in the mother so that her children might be returned.” There has been no visitation between the mother and the children since February 1984.

Bonnie M. married Jim M. in July 1985. They resided together for some time before they were married. They have a daughter who was born April 26, 1984.

The father’s visitation rights were suspended by an earlier court order, dated January 12, 1983. No findings accompany the order. Respondent Isanti County states that the order was based on the child psychologist’s recommendations. The record contains the psychologist’s letters recommending no visitation between the father and the children because of J.A.’s reports of sexual and physical abuse by the father. The first recommendation is found in a letter dated January 10, 1983. There have been no visits between the father and the children since the court first ordered his visitation rights suspended on January 12, 1983.

In April 1986, a staff person for respondent Isanti County Family Service and Welfare Department filed an amended petition for termination of the parents’ rights, alleging two grounds for termination. First, the petition alleged each parent is palpably unfit to be a party to the parent and child relationship because of a consistent pattern of specific conduct before the child or specific conditions directly relating to the parent and child relationship, either of which are determined by the court to be permanently detrimental to the physical or mental health of the child. See Minn.Stat. § 260.221(b)(4) (1984). Second, the petition alleged that following a determination of neglect or dependency, reasonable efforts, under the direction of the court, have failed to correct the conditions leading to the determination. See id. at (b)(5). Following a four day hearing, the court terminated the parents’ parental rights. Bonnie M. appealed, and Perry A. filed a notice of review.

ISSUES

1. Was termination of the father’s parental rights supported by clear and convincing evidence?

2. Was termination of the mother’s parental rights to J.A. supported by clear and convincing evidence?

3. Was termination of the mother’s parental rights to M.A. supported by clear and convincing evidence?

ANALYSIS

We have recently stated the law applicable to termination of parental rights, as established in legislation and decisions of the Minnesota Supreme Court. See In Re Welfare of M.G. and C.G., 407 N.W.2d 118 (Minn.Ct.App.1987).

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Cite This Page — Counsel Stack

Bluebook (online)
408 N.W.2d 227, 1987 Minn. App. LEXIS 4559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-ma-minnctapp-1987.