Matter of KLL

515 N.W.2d 618, 1994 WL 160372
CourtCourt of Appeals of Minnesota
DecidedMay 3, 1994
DocketC8-93-2272
StatusPublished

This text of 515 N.W.2d 618 (Matter of KLL) 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
Matter of KLL, 515 N.W.2d 618, 1994 WL 160372 (Mich. Ct. App. 1994).

Opinion

515 N.W.2d 618 (1994)

In re the Matter of the Petitions to Adopt K.L.L.

No. C8-93-2272.

Court of Appeals of Minnesota.

May 3, 1994.

*619 Steven C. Youngquist, Rochester, for appellant guardian ad litem.

Gerald M.B. Chester, Minneapolis, for respondents L.S. and T.S.

Mary Alice C. Richardson, Sharon L. Buffington, Rochester, for respondent K.D.

Raymond F. Schmitz, Olmsted County Atty., Susan J. Mundahl, Asst. County Atty., Rochester, for respondent Department of Human Services.

Considered and decided by HARTEN, P.J., and PETERSON and STONE,[*] JJ.

OPINION

HARTEN, Judge.

This case concerns the adoption of K.L.L., a three-year-old child. Appellant Jan Vetter, the guardian ad litem for K.L.L., seeks review of a judgment granting the adoption petition of K.L.L.'s foster mother, K.D., and denying the petition of respondents L.S. and T.S. The Commissioner of Human Services (Commissioner), through her agent Olmsted County Department of Social Services (the county), denied consent to K.D.'s petition and supported the L.S. and T.S. petition. Appellant contends that the record does not support the trial court's determination that adoption by K.D. is in K.L.L.'s best interests. We disagree and affirm.

FACTS

K.L.L. was born in Rochester, Minnesota, on July 8, 1990. The parental rights of K.L.L.'s biological mother were terminated on March 20, 1992. K.L.L.'s biological father is deceased. K.L.L. has two older half brothers, J.S. and T. The children have the same mother but different fathers.

J.S., born June 18, 1989, was placed in foster care prior to K.L.L.'s birth; he and K.L.L. have never lived together. The parental rights of J.S.'s biological parents were terminated, and J.S. was placed with L.S. and T.S. in April 1991. The L.S. and T.S. adoption of J.S. was finalized in May 1992. L.S. and T.S. live in St. Cloud. They have been married since 1982. L.S. is employed *620 by Stearns County Social Services and T.S. is a teacher.

In December 1990, both K.L.L. and her older half brother, T., were removed from their biological mother's home and placed in foster care with K.D. In September 1991, T. left K.D.'s foster home and the record indicates that he is now living with a maternal aunt and her companion. The county did not place T. with his present caretakers. K.L.L. has continued to live with K.D. since the original foster care placement.

K.D. is a 35-year-old licensed practical nurse. She is unmarried and has no children. In addition to taking foster care placements, K.D. operates a licensed day care center in her home.

In 1992, K.D., and L.S. and T.S., filed competing petitions to adopt K.L.L. The trial court waived the requirement of agency placement for K.D.'s petition and directed a consolidated trial on both petitions.

Psychologist Dr. William Friedrich, a professor in the Department of Psychiatry and Psychology at the Mayo Clinic and the Mayo Medical School, testified that he had examined K.L.L. at the age of four months, when K.L.L. was still living with her biological mother. Dr. Friedrich stated that at that time K.L.L. was developing at the average range, but there were clear signs of neglect. Dr. Friedrich indicated that when he tested K.L.L. again in May of 1992, K.L.L.'s mental development index was in the very superior range. Dr. Friedrich attributed this improvement to K.D.'s parenting.

Based on a psychological evaluation of K.D. and his observations of the relationship between K.D. and K.L.L., Dr. Friedrich recommended that K.D. be allowed to adopt K.L.L. Dr. Friedrich testified that K.L.L.'s secure attachment to K.D. should be maintained, especially because K.L.L. already had experienced the loss of her biological mother. Dr. Friedrich opined that maintaining the parent-child relationship between K.D. and K.L.L. is more important to K.L.L.'s well-being than establishing a sibling tie.

K.D. retained Ann Louise Jones, a psychologist employed by the Wellspring Adoption Agency, to conduct a home study. Jones testified that she highly recommended that K.D. be allowed to adopt K.L.L., based on her observations of the strong bond between the two and the nurturing environment that K.D. provided.

K.D., three of her sisters, and a long-time friend testified that K.L.L. is strongly attached to K.D. and has a close relationship with K.D.'s extended family. In addition, parents of three of K.D.'s day care children testified that they have observed a parent-child relationship between K.D. and K.L.L. K.D. testified that K.L.L. is basically healthy, but has experienced breathing problems and seizures and tends to have high cholesterol.

Cheryl Mendel, a county social worker, presented the reasons for the Commissioner's denial of consent to K.D.'s petition. Mendel testified that the presence of K.L.L.'s brother, J.S., in the L.S. and T.S. family home was the primary reason for the Commissioner's support of the L.S. and T.S. petition. Mendel stated that general state policy is that siblings should not be separated unless there is very good cause, and that about one-half of the post-adoption requests for information in Minnesota have been from one sibling seeking out another sibling.

Mendel testified that a secondary reason for rejection of the K.D. petition was the proximity of K.L.L.'s birth family in Rochester, where K.D. lives. Mendel stated that social services has been involved with the birth family since 1940, and that the family has a history of abuse and enmeshed family relationships. Mendel indicated her concern that members of the birth family would attempt to become involved with K.L.L., as had been the case with another locally adopted family member. Mendel also testified that it would be advantageous for K.L.L. to be placed in a two-parent family.

Both L.S. and T.S. testified regarding their love for J.S., the stability of their home, and their desire to adopt K.L.L. so that she and J.S. could grow up together as siblings. Sherburne County social worker Carol Jean Askew conducted a home study, resulting in a recommendation that L.S. and T.S. be allowed to adopt K.L.L. Two family friends also testified in support of the their petition.

*621 Psychologist Dr. Marian D. Hall reviewed both adoption home studies but did not meet with the parties or K.L.L. Dr. Hall testified she did not believe that separation from K.D. would result in long-term damage to K.L.L., provided that L.S. and T.S. are the type of parents as described in their home study. Dr. Hall discussed the benefits to K.L.L. that would result from placement with her brother in a two-parent family. Dr. Hall indicated that her comments were based on a generic perspective and that she did not have enough information to make a specific recommendation regarding K.L.L.'s placement.

Olmsted County child protection worker Mary Faye and appellant both testified regarding their concerns about K.D.'s parenting abilities. Faye testified that K.D. was sometimes rigid and insensitive in her approach to the foster care children. But Faye indicated that K.D.'s foster care license had been renewed since Faye submitted an October 1992 report reflecting those concerns.

Appellant stated that she was appointed guardian ad litem for K.L.L. in July 1991. Appellant indicated that K.D. could have done more to facilitate visits between K.L.L. and J.S., and that K.D. had shown some rigidity with regard to some of the rules that she had established for her home. Appellant recommended that the L.S. and T.S.

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Bluebook (online)
515 N.W.2d 618, 1994 WL 160372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-kll-minnctapp-1994.