In the Matter of the Welfare of the Children of: S. J., Parent.

Court of Appeals of Minnesota·Decided November 30, 2015·No. A15-1021·Unpublished

Opinion

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2014).

STATE OF MINNESOTA

IN COURT OF APPEALS

A15-1021

In the Matter of the Welfare of the Children of: S. J., Parent

Filed November 30, 2015

Affirmed

Hooten, Judge

Ramsey County District Court File No. 62-JV-14-2821

Patricia J. Stotzheim, Stotzheim Law Office & Mediation, St. Paul, Minnesota (for appellant D.P.)

John J. Choi, Ramsey County Attorney, Kathryn M. Eilers, Assistant County Attorney, St. Paul, Minnesota (for respondent Ramsey County Community Human Services Department)

Renee Michalow, St. Paul, Minnesota (for S.J.) Nicole Gronneberg, St. Paul, Minnesota (for M.L.) Patrick McGee, Forest Lake, Minnesota (for J.H.) Thomas Nolan, St. Paul, Minnesota (for Guardian ad Litem)

Considered and decided by Reyes, Presiding Judge; Hooten, Judge; and Kirk, Judge.

UNPUBLISHED OPINION

HOOTEN, Judge On appeal from the termination of his parental rights, appellant father argues that the district court abused its discretion by concluding that there was a statutory ground for termination and that termination was in the best interests of the child. We affirm.

FACTS

Birth of S.P., Initial Proceedings, and Initial Placement with Appellant On February 6, 2014, S.P. was born prematurely at 32 weeks gestation to mother S.J.1 and appellant father D.P. Prior to S.P.’s birth, S.J. was admitted to the hospital in preterm labor, but insisted on leaving the hospital against the advice of medical professionals, who told her that her refusal to undergo treatment increased the risk of complications and death of the unborn baby. Notwithstanding these warnings, S.J. pulled out her IV, claiming that she did not want to lie in bed all day. Because of her refusal to accept treatment to arrest her preterm delivery and the concern that her leaving the hospital against medical advice would result in greater risk to the unborn child, the medical professionals elected to induce delivery of the unborn child.

Once born, S.P. was admitted to the neonatal intensive care unit (NICU), where she remained for nearly a month. The district court found that during S.J.’s visits with S.P. in the NICU, S.J. “exhibited some concerning behavior to medical professionals.” The medical professionals determined that S.J. had a “significant mental health history,”

1 S.J.’s parental rights were also terminated by the district court’s order, but S.J. did not appeal from the order.

including diagnoses of bipolar disorder, depression, and schizophrenia and that she had no home and was staying with various family members. On March 4, S.P. was medically ready to be discharged, but the hospital would not discharge her to S.J.’s care due to concerns regarding S.J.’s lack of housing and untreated mental health problems. The same day, the St. Paul Police Department placed S.P. on a 72-hour child protective hold.

On March 7, respondent Ramsey County Community Human Services Department (the county) filed a children in need of protection or services (CHIPS) petition, seeking to adjudicate S.P. and her three siblings, who did not have the same father as S.P., as CHIPS. A child protection social worker (case manager) was assigned to this case. On March 11, after S.J. admitted that her children were in need of protection or services, the children were adjudicated as CHIPS, and the county was granted temporary legal custody of S.P. At the time of the CHIPS adjudication, the district court found that S.J. had a prior history with the county, including one maltreatment determination of neglect and two maltreatment determinations of physical abuse regarding S.P.’s siblings. S.P. was placed with appellant on that date.

S.P.’s placement with appellant ended two days later on March 13 after the county received a report of a physical altercation that occurred between appellant and S.J. in the presence of S.P. on March 12. At trial, appellant admitted that he grabbed S.J.’s wig and threw her phone out the window after she called 911. The county removed S.P. from appellant’s care because the case manager felt that it was unsafe for S.P. to remain with appellant as a result of this assault. S.P. was eventually placed in foster care with S.J.’s mother.

On March 25, 2014, a guardian ad litem (GAL) was appointed to advocate for S.P.’s best interests. Relevant Information about S.J.

In the termination of parental rights (TPR) order, the district court made findings regarding S.J. that are relevant to this appeal. The case manager filed out-of-home placement plans (case plans) for S.J., which required S.J. to accomplish or demonstrate a number of things in order to regain care, custody, and control of her four children. The components of S.J.’s case plans included obtaining a psychological assessment and following all recommendations, seeing an individual therapist, identifying a psychiatrist and following all medication recommendations, completing a parenting assessment and following all recommendations, participating in in-home parenting services, finding affordable and stable housing, finding employment, and cooperating with random weekly urinalysis testing. Early in this case, the case manager explained to S.J. the county’s safety concerns that prevented her four children, including S.P., from returning to S.J.’s care, including her history of untreated mental illness, unstable housing, and child- protection intervention.

In its TPR order, the district court found that S.J. “did not successfully complete, or fully engage with, [the] services identified in her case plans.” First, S.J. did not address her chemical dependency issues. In April 2014, her urinalysis sample tested positive for cocaine. In May and early June 2014, S.J. submitted urinalysis samples that tested negative for non-prescribed mood altering substances. But, S.J. did not submit any urinalysis samples from June 2014 until April 2015, at which time her sample again

tested positive for cocaine. S.J. testified that from November 2014 to March 2015 she used cocaine weekly. S.J. was referred for a chemical assessment in March 2015, but cancelled one appointment and failed to attend another. At trial, S.J. stated that she was not chemically dependent and that she did not believe her drug use negatively affected her ability to parent her children.

Second, S.J. did not successfully engage in psychotherapy and did not demonstrate compliance with medication management. S.J. did complete several psychological assessments, which noted past diagnoses of bipolar disorder and posttraumatic stress disorder. In May 2014, she was diagnosed with posttraumatic stress disorder and depression, but she did not complete any individual or group psychotherapy except for two sessions in March or April 2014. S.J. testified that she did not believe she needs individual psychotherapy and that she did not believe her mental health problems negatively affected her ability to parent her children.

Third, S.J. underwent a parenting assessment, but did not comply with the recommendations, which included engaging in individual psychotherapy, abstaining from mood-altering substances, and attending parenting education and skills training. Refusal to Sign Case Plan On April 11, 2014, the case manager filed a case plan for appellant, with a start date of March 4, 2014. The case plan required appellant to accomplish or demonstrate the following in order to regain care, custody, and control of S.P.: (1) complete a parenting assessment and follow all recommendations; (2) participate in parenting support groups at the FATHER Project; (3) secure basic resources for his family;

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In the Matter of the Welfare of the Children of: S. J., Parent., (Mich. Ct. App. 2015).

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