In Re the Welfare of T.M.D.

374 N.W.2d 206, 1985 Minn. App. LEXIS 4511
CourtCourt of Appeals of Minnesota
DecidedSeptember 17, 1985
DocketC2-84-2115
StatusPublished
Cited by9 cases

This text of 374 N.W.2d 206 (In Re the Welfare of T.M.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 T.M.D., 374 N.W.2d 206, 1985 Minn. App. LEXIS 4511 (Mich. Ct. App. 1985).

Opinion

OPINION

LESLIE, Judge.

Mother appeals the trial court’s determination to terminate parental rights, claiming the evidence does not support the court’s ruling. Because we find sufficient evidence to support the court’s determination, we affirm.

FACTS

The appellant-mother is 34 years old, and borderline retarded with an IQ of about 70. She spent most of her childhood as a ward of the state in state institutions because of her mental deficiency. In 1969, she was released from the state hospital at Sauk Center and has since lived on her own. *208 Appellant has four children — T.D., a girl age 14; L.D., a boy age 12; C.D., .a boy age 9; and M.D., another boy who is less than two years old. Each child is illegitimate and all four allegedly have different fathers to whom appellant has never been married.

In February of 1972, when T.D. was less than one year old, the Hennepin County Juvenile Court adjudicated her a dependent child based on appellant’s difficulty in caring for her without the assistance and instruction of others. In October of 1977, when C.D. was less than one year old, the Hennepin County Juvenile Court adjudicated him a dependent child based on a series of extremely serious injuries which he received living with his mother and on appellant’s admission that she was unable to protect him without help from others. In August of 1979, when L.D. was six years old, the Hennepin County Juvenile Court adjudicated him a dependent child because appellant was unable to provide him with necessary supervision and protection.

In the 1979 proceeding, which adjudicated L.D. a dependent child, the court also found that appellant was unable to provide T.D. and C.D. with necessary supervision and protection. The court determined that while in appellant’s care, each of the children had been seriously injured and that appellant had delayed in seeking emergency medical care. The court found appellant was unable to control the children and resorted to inappropriate discipline. The court observed that numerous agencies had offered services to appellant, but she was unable to apply the child care skills to her children. As a result of these proceedings, the court ordered appellant and her children to undergo psychological testing. The court also established goals for appellant, including keeping the house clean, attending parenting classes, obtaining counseling on financial matters, and making and keeping medical appointments for C.D. who was ordered back into her custody on a trial basis.

Shortly after this proceeding, appellant and her children were evaluated by a psychologist who concluded the children had severe problems because of appellant’s inability to understand her limitations and the needs of her children. The doctor felt appellant had difficulty providing nurturing, stimulation, and setting appropriate limits for the children because of her severe psychological problems. The doctor testified later that people with appellant’s specific psychological problems have difficulty with authority figures, are impulsive, distrustful, lack self-esteem, and may rationalize or project responsibility for problems onto others. The doctor noted that each of the children had or was developing severe behavioral problems because of appellant’s insufficient parenting skills. Consequently, he recommended that T.D. and L.D. remain in stable foster homes.

While the psychologist recommended stable foster homes, the children’s foster home experience was far from stable, as they were moved from one home to another. From November of 1979 to July of 1980, T.D. and L.D. lived in four different foster homes. Each foster home requested that the children be moved. In late July of 1980, the Hennepin County Juvenile Court ordered the two to be placed in separate foster homes where they have remained.

The problems with the family continued. Appellant made efforts to fulfill the goals set up by the 1979 court order and a similar order in 1981. She saw numerous psychologists and social workers. She enrolled in parenting classes, and she received some help with her financial problems. In spite of her efforts, the psychologists and social workers began to conclude that she was just incapable of changing to become a proper parent.

The children’s problems became more intense. They became problem children in school. Psychological evaluations showed that the children were having problems adjusting to their new environment. At least one psychologist concluded that their problems were intensified by appellant’s at *209 tempts to undermine the foster parents’ efforts.

Meanwhile, problems arose with C.D. who had remained in his mother’s custody after the 1979 proceedings. In September of 1981, a different psychologist began evaluating him. She concluded that C.D. was a very disturbed and depressed child. As a result of his abnormal focus on sexual themes and his behavior with anatomically correct dolls, the doctor also concluded that C.D. had been sexually abused. Based on allegations of sexual abuse, the Hennepin County Juvenile Court removed C.D. from appellant’s home in November of 1981.

Appellant’s visitation rights were gradually restricted in scope and in duration because the foster mothers complained that the visits were adversely affecting the children. In 1982, at the request of Hennepin County Bureau of Social Services, the court ordered appellant’s visits with T.D. to be supervised and restricted to the foster home. The court also terminated appellant’s visitation with C.D. and L.D. In August and again in December of 1982, the court continued its order prohibiting appellant from visiting L.D. and C.D. and allowing only supervised visits with T.D.

Major problems began to develop with T.D. in 1983. In February, her psychologist recommended hospitalization because of inappropriate behavior, including disobedience and sex problems. The court initially denied the request for hospitalization, but ordered appellant to not have contact with T.D. In August, the court ordered T.D. hospitalized, and she eventually spent approximately six months at three different institutions.

In October of 1983, M.D., the youngest child, was born. The Hennepin County Bureau of Social Services almost immediately petitioned the court to grant the county custody of M.D., pending the outcome of the termination of parental rights proceedings. On October 18, when M.D. was two days old, the court denied the petition.

On June 28, 1984, the trial to terminate appellant’s parental rights began. Over thirty witnesses were called in the trial which lasted over a month. The county relied heavily on the testimony of psychologists, psychiatrists, and social workers who had worked with appellant or her children. Four psychologists and one psychiatrist testified that T.D., L.D., and C.D. all had serious emotional and behavioral problems. They also testified that appellant had severe psychological problems and that her parenting abilities were inadequate. Even though none of these experts had seen appellant recently, based on the many hours of examinations and the severe nature of her psychological problems, they all recommended termination of her parental rights because they felt she could not change her behavior which stemmed from her psychological problems.

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

Related

Briggs v. Oakland County
742 N.W.2d 136 (Michigan Court of Appeals, 2007)
In Re the Welfare of the Children of S.W.
727 N.W.2d 144 (Court of Appeals of Minnesota, 2007)
Detroit Edison Co. v. Public Service Commission
562 N.W.2d 224 (Michigan Court of Appeals, 1997)
In Re the Welfare of M.P.
542 N.W.2d 71 (Court of Appeals of Minnesota, 1996)
In Re the Welfare of M.D.O.
462 N.W.2d 370 (Supreme Court of Minnesota, 1990)
In Re the Welfare of M.M.
436 N.W.2d 827 (Court of Appeals of Minnesota, 1989)
In Re the Welfare of M.M.D.
410 N.W.2d 72 (Court of Appeals of Minnesota, 1987)
In Re the Welfare of M.A.
408 N.W.2d 227 (Court of Appeals of Minnesota, 1987)
In Re the Welfare of A.H.
402 N.W.2d 598 (Court of Appeals of Minnesota, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
374 N.W.2d 206, 1985 Minn. App. LEXIS 4511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-tmd-minnctapp-1985.