In Re TLA

677 N.W.2d 428, 2004 WL 727867
CourtCourt of Appeals of Minnesota
DecidedApril 6, 2004
DocketA03-973
StatusPublished

This text of 677 N.W.2d 428 (In Re TLA) 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 TLA, 677 N.W.2d 428, 2004 WL 727867 (Mich. Ct. App. 2004).

Opinion

677 N.W.2d 428 (2004)

In the Matter of Petitions to Adopt T.L.A. and T.E.A. and In the Matter of Children in Custody of the Commissioner of Human Services.

No. A03-973.

Court of Appeals of Minnesota.

April 6, 2004.

*429 Steven V. Rose, BenePartum Law Group, PA, Minneapolis, MN, for appellants J.A. and S.A.

Steven L. Gawron, Gawron & Associates, P.A., Bloomington, MN; and Kevin P. Staunton, Staunton Law Group, P.L.L.C., Edina, MN, for respondent M.R.

Amy Klobuchar, Hennepin County Attorney, Nancy K. Jones, Assistant County Attorney, Minneapolis, MN, for respondent Hennepin County.

Jonathan G. Steinberg, Chrastil and Steinberg, P.L.L.P., Minneapolis, MN, for Guardian Ad Litem.

Considered and decided by SHUMAKER, Presiding Judge; KALITOWSKI, Judge; and MINGE, Judge.

OPINION

MINGE, Judge.

Appellants, great-aunt and great-uncle of T.L.A. and T.E.A., challenge the commissioner's decision to withhold consent to their adoption of the children. Because Minnesota law allows a biological parent who relinquishes parental rights to direct that the commissioner not consider relatives as an adoptive placement, because the relative preference for adoptive placement is only one factor in determining a child's best interests, and because the district court did not abuse its discretion in finding that the commissioner's decision was in the best interests of the children, we affirm.

*430 FACTS

T.A. is the mother of T.L.A. and T.E.A., who were born in March 1999 and August 2000, respectively. T.A. has a history of prostitution and drug addiction. Shortly after the birth of T.E.A., Hennepin County Department of Children, Family and Adult Services (Hennepin County) filed a petition stating that the children were in need of protection or services.

Appellants J.A. and S.A. are sister and brother and T.A. is their niece. In August 2000, T.E.A. was placed in emergency foster care with appellant J.A. T.L.A. was placed with J.A. a month later. Within a few days of T.L.A.'s arrival, appellant J.A. contacted Hennepin County demanding that the children be removed immediately. Hennepin County offered J.A. supportive services and advised her that if she gave up the children it might affect subsequent adoption decisions. J.A. insisted, however, and the children were placed in an emergency shelter home until respondent M.R. took them into her home.

T.A. and respondent M.R. are close friends. T.A. considers M.R. to be "kin" and chose M.R. to be her godmother. T.A. heavily relied on M.R. for help with the children and M.R. has cared for the children for extended periods of time.

In 2001, the district court ordered that the children be reunified with T.A. This reunification lasted for approximately one year. During this period of time, appellant S.A. visited with the children once. J.A. did not have any contact with the children. M.R., however, was a frequent visitor. When T.A. became incapable of caring for the children, M.R. intervened on the children's behalf and they were placed with her where they now remain.

Both T.A. and the father of the children voluntarily terminated their parental rights, and the district court ordered their rights terminated. By law, the commissioner of the Minnesota Department of Human Services (commissioner) became the guardian and legal custodian of the children. Appellants and M.R. both filed petitions for adoption. After first identifying M.R. as the preferred adoptive parent, and then favoring adoption by appellants, T.A. finally directed that the commissioner reject appellants as adoptive parents and designated M.R. as the preferred adoptive parent. The commissioner reviewed the matter and determined that the state would not consent to adoption by appellants. A contested adoption hearing was scheduled and the district court determined that the issue of whether the commissioner reasonably withheld consent would be tried first, and bifurcated from consideration of the competing adoption petitions of appellants and respondent.

The district court held a six-day hearing on the commissioner's refusal to consent to adoption by appellants and the facts as they pertained to adoption placement. There was evidence that appellants had not had significant contact with T.A. until she was unable to care for her children and that T.A. felt unsupported and abandoned by appellants. There was also testimony that, apparently because of T.A.'s history of drug use and prostitution, appellants were not willing to have contact with T.A. and the children as long as she retained her parental rights and that, if appellants became adoptive parents, they would not allow her contact with the children. The district court found that M.R. had been loving and supportive of the children and maintained contact with them despite T.A.'s drug abuse and prostitution. The district court entered an amended order finding that the commissioner did not unreasonably withhold his consent for appellants to adopt. This appeal followed.

ISSUES

1. Did the commissioner improperly withhold its consent from appellants to adopt?

*431 2. Did the district court err in admitting the testimony of Robert Denardo?

3. Did the district court err in assigning the burden of proof to appellants?

ANALYSIS

I.

The first issue is whether the commissioner improperly withheld its permission from appellants to adopt. Appellants argue that the district court misapplied the adoption statute by failing to give them a relative preference over respondent M.R. Because appellants raise a question of statutory interpretation, this court's standard of review is de novo. In re Adoption of C.H. and A.H., 554 N.W.2d 737, 742 (Minn. 1996).

In making adoption decisions, the overriding policy of the state of Minnesota and the purpose of the adoption statutes are to ensure that the best interests of children are met. Minn.Stat. § 259.20, subd. 1 (2002). When a petition for adoption is filed, and the children who are the subject of the adoption are without a parent or guardian, the commissioner is the legal custodian and guardian of the children and is authorized to consent to an adoption. Minn.Stat. § 259.24, subd. 1(d) (2002). "Consent to an adoption shall not be unreasonably withheld by ... the commissioner or by an agency." Minn.Stat. § 259.24, subd. 7 (2002).

Appellants' argument that they should be the preferred placement over M.R. is based on caselaw developed from previous versions of the adoption statute. At this time, the Minnesota statutes state that the commissioner must consider the following in consenting to and preferring adoption placements:

PROTECTION OF BEST INTERESTS IN ADOPTIVE PLACEMENTS
Subdivision 1. Best interests of the child. (a) The policy of the state of Minnesota is to ensure that the best interests of the child are met by requiring individualized determination of the needs of the child and of how the adoptive placement will serve the needs of the child.
....
Subd. 2 Placement with relative or friend. The authorized child-placing agency shall consider placement, consistent with the child's best interests and in the following order, with (1) a relative or relatives of the child, or (2) an important friend with whom the child has resided or had significant contact....

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Related

Kroning v. State Farm Automobile Insurance Co.
567 N.W.2d 42 (Supreme Court of Minnesota, 1997)
In Re the Adoption of C.H.
554 N.W.2d 737 (Supreme Court of Minnesota, 1996)
M.T. Properties, Inc. v. Alexander
433 N.W.2d 886 (Court of Appeals of Minnesota, 1988)
In re Petition to Adopt S.T.
512 N.W.2d 894 (Supreme Court of Minnesota, 1994)
In re to Adopt T.L.A.
677 N.W.2d 428 (Court of Appeals of Minnesota, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
677 N.W.2d 428, 2004 WL 727867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tla-minnctapp-2004.