In the Matter of the WELFARE OF the CHILD OF R.D.L. and J.W., Parents

853 N.W.2d 127, 2014 Minn. LEXIS 453, 2014 WL 4437630
Supreme Court of Minnesota·Decided September 10, 2014·No. A13-1820·Published·Cited by 64 cases

Opinions

OPINION

GILDEA, Chief Justice.

The question presented in this case is whether Minn. Stat. § 260C.301, subd. 1(b)(4) (2012), which provides that parents who previously have had their parental rights to children involuiitarily terminated are presumed to be palpably unfit to parent other children, violates the equal protection provisions of the United States and Minnesota Constitutions. The juvenile court and the court of appeals found that the statute does not violate either cohstitu-tional provision. Because we conclude that the presumption is narrowly tailored to serve a compelling government interest, we affirm.

On September 15, 2011, respondent Hennepin County Human Services and Public Health Departmeht filed a Petition for Children in Need of Proteptioh or Services (“CHIPS”) on behalf of four children of parents J.W. (fathei*) and appellant R.D.L. (mother). The petition alleged, among other things, that the mother was engaging in prostitution out of a Brooklyn Center hotel in the children’s presence, that the father had physically abused the mother in front of their children, and that the mother used illegal drugs in front of the children. The juvenile court found that the children were in need of protection and services and issued an order placing them in foster care.

Eight months later, on May 3, 2012, the County filed a petition to terminate the parents’ rights to the four children, alleging that the parents failed to comply with the case plans designed to reunite them with their children. See Minn.Stat. § 260C.301, subd. 1(b)(5) (2012) (a petition to terminate parental rights may allege, for a child in foster care, that “reasonable efforts ... have failed to correct the conditions leading to” that placement); see also Minn.Stat. § 260C.212, subd. 1 (2012) (requiring an out-of-home case plan for a child placed in foster care that provides for reunification). The case plans required that the parents follow recommendations made after chemical dependency, mental health, and parenting assessments; provide random urine tests to demonstrate sobriety; and obtain safe, stable, and suitable housing. The mother’s case plan required her to cut off contact -with the father, and the father’s case plan required that he seek anger management treatment. The mother took advantage of some of the services the County offered, but ultimately did not complete any components of her case plan. The father also did not comply with the case plan, and he refused to accept any of the services.

A few weeks after the County filed its petition to terminate the parents’ rights to the four children, the mother gave birth to a fifth child, who is the subject of this action. On July 27, 2012, less than a week before trial began on the County’s petition to terminate parental rights to the four older children, the County made an offer to the mother concerning her fifth child. The County proposed to agree “on the record” that if the mother would seek to voluntarily terminate her rights to the four older children, the County would not use [130] that termination as a basis to seek termination of parental rights to her newborn child, “absent a separate reason for child protection involvement.” The mother rejected the County’s offer.

After a two-day trial, the juvenile court terminated the parents’ rights to the four older children.1 Minnesota Statutes § 260C.301, subd. 1(b) (2012), provides that parental rights can be involuntary terminated if the court finds that at least one of nine conditions exist. The court found by clear and convincing evidence that reasonable efforts had failed to correct conditions leading to the children’s out-of-home placement, under Minn.Stat. § 260C.301, subd. 1(b)(5), and terminated the parents’ rights. The mother appealed, and the court of appeals affirmed the termination.2 In re Welfare of Children of R.D.L., No. A12-1758, 2013 WL 869950 (Minn.App. Mar. 11, 2013), rev. denied (Minn. Apr. 16, 2013).

Two days after the juvenile court’s decision, the County filed a CHIPS petition on behalf of the fifth child, the newborn. After the County located and placed the baby into protective care, the County filed a petition to terminate the parents’ rights to the newborn, alleging that four of the statutory grounds for termination existed, including, as relevant here, that the mother was “palpably unfit to be a party to the parent and child relationship.” Minn.Stat. § 260C.301, subd. 1(b)(4). A parent is presumed to be “palpably unfit to be a party to the parent and child relationship” if “the parent’s parental rights to one or more other children were involuntarily terminated.” Id.3

At a subsequent hearing, the father offered some, “albeit scant,” evidence in an effort to overcome the presumption. The mother offered no evidence to rebut the presumption. Instead, she argued that the statutory presumption, Minn.Stat. § 260C.301, subd. 1(b)(4), is unconstitutional. The mother argued that the presumption of unfitness violates due process and equal protection under the United States and Minnesota Constitutions because the presumption applies only to parents whose parental rights are terminated involuntarily, and excludes those parents who voluntarily agree to terminate their parental rights.

The juvenile court rejected the mother’s constitutional challenge and found that the father failed to overcome the presumption. The court found by clear and convincing evidence that both parents failed to overcome the presumption of unfitness and that it was in the child’s best interests to terminate their parental rights. The court of appeals affirmed. In re Welfare of Child of R.D.L., No. A13-1820, 2014 WL 1272408, at *3 (Minn.App. Mar. 31, 2014).

[131] The mother filed a petition for review with our court, arguing that the presumption of palpable unfitness found in Minn. Stat. § 260C.301, subd. 1(b)(4), violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and Article I, Section 2, of the Minnesota Constitution. We granted review.4 On July 15, 2014, we issued an order affirming the court of appeals with this opinion to follow.

I.

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In the Matter of the WELFARE OF the CHILD OF R.D.L. and J.W., Parents, 853 N.W.2d 127, 2014 Minn. LEXIS 453, 2014 WL 4437630 (Mich. 2014).

853 N.W.2d 127 (In the Matter of the WELFARE OF the CHILD OF R.D.L. and J.W., Parents) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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