Matter of the Welfare of Kidd

261 N.W.2d 833, 1978 Minn. LEXIS 1438
CourtSupreme Court of Minnesota
DecidedJanuary 6, 1978
Docket47439
StatusPublished
Cited by56 cases

This text of 261 N.W.2d 833 (Matter of the Welfare of Kidd) is published on Counsel Stack Legal Research, covering Supreme Court 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 the Welfare of Kidd, 261 N.W.2d 833, 1978 Minn. LEXIS 1438 (Mich. 1978).

Opinion

TODD, Justice.

Diane Kidd, wife of Robert Kidd, gave birth to Richard Kidd on January 10, 1976. At that time, Diane was diagnosed as a chronic schizophrenic psychotic with a history of 17 years of treatment. The child was placed in a foster home. Robert Kidd consented to termination of his parental rights, but Diane contested such action. The trial court adopted the recommendation of the juvenile court referee and terminated Diane’s parental rights. We affirm.

The findings of fact of the trial court adequately summarize the necessary facts in this case. They state:

“1. Said child, Richard Kidd, was born legitimately January 10th, 1976, to Diane Sjoquist Kidd and her husband, Robert Kidd, both residents of 907 Aldrich Ave- ' nue North, Minneapolis, Hennepin County, Minnesota.
“2. That said Diane Sjoquist Kidd suffers from a mental illness of more than seventeen years’ duration; that said mental illness is schizophrenia, chronic undifferentiated type. That she has been hospitalized at least eleven times without any remissions of her illness occurring during said seventeen years, although she had competent medical treatment during said time.
“3. That said mother is unfit by reason of conduct occurring by reason of her mental illness which the Court finds likely to be detrimental to the physical or mental health or morals of said child, the following being examples of such conduct arising because of her mental illness:
“(a) That said child was born in a snowbank and that the mother was unconcerned about giving birth to a child in that situation and also was unconcerned about receiving no prenatal cares, giving unrealistic reasons for both.
“(b) Shortly after the baby’s birth, while the baby was still in an isolet in the hospital, the mother placed beads around the neck and torso which caused the baby to struggle and also created a potential hazard to the baby.
“(c) That when the child was still in the hospital and less than two weeks old, the mother brought a box of animal crackers to feed to the baby which would constitute a serious danger of the child choking.
“(d) Even after nurses at the hospital attempted to teach the mother parenting skills, mother remains incapable of feeding and caring for her baby, and she is also incapable of employment due to her mental illness.
“(e) On May 26, 1976, and again on July 15, 1976, when the mother was visiting the child in the foster home, the mother placed her mouth on the child’s penis until stopped by case worker and foster mother of the child, at both times the mother explaining that she did that to help the child’s breathing.
“(f) That on another occasion when the mother was visiting the child in the foster home and the temperature was actually about seventy-five degrees, the mother attempted to dress the child for winter weather; that is, in a scarf and blanket.
“(g) If the mother were not living with her husband who is caring for her, she would require nursing care or at a minimum board and care home.
“(h) The mother is unable to distinguish between her hallucinatory world and the actual care required by the child, and her interaction with the baby is inappropriate and oftentimes dangerous to him.
“4. That no element of blame of malice can be placed on the mother, who loves her child, desires to have her child with her, and that she has visited her child when allowed to do so and would have liked to visit her child more frequently.
*835 “5. That the only goal that could be set if custody were given under a neglect finding would be recovery from the mental illness; and, in view of the history of the seventeen years’ mental illness without remission, this seems futile. To delay termination under the circumstances might further deprive the child.
“6. That the father has recognized at an early stage his inability to care for the child and has essentially abandoned the child by failing to visit and has not supported the child; and when the Court announced what the determination would be as to the mother, said that he filed his written consent to a termination of his parental rights for good cause.”

Based on these facts, the trial court entered the following conclusions of law:

“7. The mother, Diane Sjoquist Kidd, is unfit by reason of conduct arising solely from her mental illness, which conduct is found by the Court to be likely to be detrimental to the physical or mental health or morals of the child.
“8. The father, Robert Kidd, for a good cause requests his parental rights to be terminated and has consented in writing, which consent is so filed with the Clerk of this Court.”

The issue presented is whether Diane Kidd is unfit by reason of conduct arising from her mental illness so as to provide a basis for terminating her parental rights pursuant to Minnesota statute. The statutory grounds for termination of parental rights are Minn.St. 260.221, which provides in part:

“The juvenile court may, upon petition, terminate all rights of parents to a child in the following cases:
******
“(b) If it finds that one or more of the following conditions exist:
******
“(4) That the parents are unfit by reason of debauchery, intoxication or habitual use of narcotic drugs, or repeated lewd and lascivious behavior, or other conduct found by the court to be likely to be detrimental to the physical or mental health or morals of the child; * * *.” (Italics supplied.)

At issue in this case is the construction of the term “other conduct” as used in the statute. At the outset, we wish to state unequivocally that mental illness in and of itself shall not be classified as “other conduct” which will permit termination of parental rights. Rather, in each case, the actual conduct of the parent is to be evaluated to determine his or her fitness to maintain the parental relationship with the child in question so as to not be detrimental to the child. Also, this court will continue to exercise great caution in termination proceedings, finding such action proper only when the evidence clearly mandates such a result in accordance with the statutory grounds.

While we have not had the occasion to review a determination similar to that presented, our analysis in In re Welfare of Forrest, Minn., 246 N.W.2d 854 (1976), is applicable. In Forrest, we reviewed the refusal of the district court to terminate the parental rights of the father where the court specifically found that the father was not presently able to meet the needs of the child. The father was an alcoholic who had remained sober for a period of 13 months so as to correct the initial cause of the child’s dependency.

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Cite This Page — Counsel Stack

Bluebook (online)
261 N.W.2d 833, 1978 Minn. LEXIS 1438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-the-welfare-of-kidd-minn-1978.