People in Interest of MK

466 N.W.2d 177, 1991 S.D. LEXIS 22, 1991 WL 19362
CourtSouth Dakota Supreme Court
DecidedFebruary 20, 1991
Docket16943
StatusPublished
Cited by6 cases

This text of 466 N.W.2d 177 (People in Interest of MK) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People in Interest of MK, 466 N.W.2d 177, 1991 S.D. LEXIS 22, 1991 WL 19362 (S.D. 1991).

Opinions

WUEST, Justice.

J.K., mother of M.K., appeals the judgment of the circuit court terminating her parental rights to M.K.1 We affirm.

J.K. (Mother) is a developmentally delayed adult, twenty-one years of age, with an I.Q. of 68. She is borderline mentally retarded and is socially retarded. In early 1987, Mother conceived M.K., the child at issue in this appeal. In August 1987, the Department of Social Services (Social Services) received a referral that Mother needed assistance in deciding whether to parent her expected child or place the child for adoption. Mother elected to parent the baby and on November 19, 1987, M.K. was born.

Less than a year later, on October 31, 1988, a Dependency and Neglect Petition was filed which alleged M.K. lacked proper supervision through the acts or omissions of Mother and endured an environment injurious to his welfare. M.K. was adjudicated a dependent and neglected child at an Adjudicatory Hearing. A Dispositional Hearing was held in January 1989. Subsequent review dispositional hearings were held in April, June and September 1989. Pursuant to the last review hearing, Mother’s parental rights to M.K. were terminated.2

Mother raises three issues on appeal:

I. Whether the court’s findings of fact and conclusions of law entered after the adjudicatory hearing were clearly erroneous;
II. Whether the termination of Mother’s parental rights was the least restrictive alternative; and,
III. Whether the court erred by not ordering a mental health examination of M.K. pursuant to SDCL 26-8-22.8.

We address Mother’s contentions seriatim.

I.

A.

It is important to detail the facts as shown by the evidence presented at the Adjudicatory and Dispositional Hearings. After M.K.’s birth, Mother signed up for the women, infants, children (WIC) program.3 Val Shoemaker, the county health nurse, weighed and measured M.K. and instructed Mother on how to feed the baby. Mother was able to repeat what she was told; however, when questioned, Mother was unable to relate the feeding instructions she had been given. Mother indicated [179]*179she was unable to mix the baby’s formula by herself and employed the assistance of her mother in preparing the formula. The community health nurse was concerned about Mother’s handling of the child and was uncertain how well Mother would manage with M.K. because she had difficulty understanding the child’s needs. Consequently, the community health nurse referred Mother to Social Services.

Mother had difficulty feeding M.K. a sufficient amount of baby formula. Generally, an infant requires two ounces of formula for every pound of body weight. By four months of age, M.K. should have been receiving 32 ounces of formula a day, but was being fed only 16 ounces a day. Mother fed M.K. juice and water instead of baby formula, believing he did not like his formula. Mother was never able to relate with certainty how many ounces of baby formula she fed M.K. In June 1988, Mother began feeding M.K. cow’s milk. The National Academy of Pediatrics recommends that children stay on formula until one year of age. The WIC program does not provide cow’s milk for infants under one-year old.

Mother also fed M.K. foods inappropriate for his age. At four months, M.K. was being fed fruits, vegetables and juice. Generally, an infant should not be fed fruits or vegetables until six months of age.

The community health nurse requested Mother bring the child in to be measured and weighed on a regular basis so as to chart his development. Mother had a difficult time keeping her appointments and brought M.K. to the health service on an irregular basis. Between April and June 1988, M.K.’s height-to-weight correlation dropped from the seventy-fifth percentile to the twenty-fifth percentile. His weight was not keeping up with his height. In October 1988, M.K.’s height/weight ratio was adequate; however, his head was not growing with the growth curve. From the first month through the third month, M.K.’s head was growing at the twenty-fifth percentile on the growth curve. By March 1988, however, his head growth was below the fifth percentile and in October 1988, he was still further below the fifth percentile. Such a deviation in head growth from the growth curve is evidence that the child’s brain is not developing normally. Whether M.K.’s slow brain growth was due to nutritional deficiencies, his environment, or heredity could not be determined. M.K. was not responding to people and could not hold his head up. The community health nurse observed that the child was not meeting his developmental milestones.

In October 1988, the community health nurse administered the Denver Developmental Test to M.K. He was eleven months old at this time. The test revealed that M.K. had adequate gross motor skills; however, he failed all the fine motor skill tests and was at the five-month level. M.K. was at the nine-to-ten-month level for language and was not indicating any speech. He was at the six-to-seven-month level for personal social skills.

During their visits to the community health nurse, the nurse observed there was not significant interaction between Mother and M.K. Mother was easily distracted and was more interested in what was happening at the secretary’s desk than what was happening in the examination room. The community health nurse concluded that M.K. was not receiving adequate stimulation. He was not able to play peek-a-boo and other baby games. He did not respond as a normal child does when handled and lacked muscle tone. The community health nurse concluded that M.K. needed physical and occupational therapy, but thought Mother would have difficulty following instructions.

Peg Albright, a social services aide, was assigned to Mother’s case when M.K. was approximately one month old. Mother lived with her parents and sister and brother until July 1988. The social services aide found it difficult to visit with Mother at home because the television was always on and was usually not turned down when requested. On these visits, the social services aide spent most of her time stimulating M.K. while Mother watched television.

[180]*180The social services aide was concerned about M.K. being fed a sufficient amount of formula. The social services aide set up a feeding schedule and instructed Mother to record the amount of formula fed M.K. at each feeding. Mother’s schedule was very sporadic: some days M.K. received four ounces of formula and other days forty-eight ounces of formula. The social services aide was not sure whether the child was not being fed sufficient formula or whether Mother simply forgot to record the amount of formula fed. Mother claimed she recorded every feeding on the schedule. Mother’s schedule often indicated that M.K. was fed in the morning when he awoke, but was not fed for another six hours and then, maybe, fed another ounce or two of formula at bedtime. The social services aide repeatedly discussed with Mother the importance of feeding M.K. his formula. Mother indicated she understood, however, no change in the child’s feeding schedule was observed.

In late May 1988, Mother informed the social services aide that M.K. was spitting up his formula and that she had consulted a doctor who recommended he be fed cow’s milk.

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Related

In Re Shirley B.
993 A.2d 675 (Court of Special Appeals of Maryland, 2010)
In re the Alleged Dependent & Neglected Status of Z.Z.
494 N.W.2d 608 (South Dakota Supreme Court, 1992)
Matter of ZZ
494 N.W.2d 608 (South Dakota Supreme Court, 1992)
People in Interest of HM
474 N.W.2d 267 (South Dakota Supreme Court, 1991)
People in Interest of MK
466 N.W.2d 177 (South Dakota Supreme Court, 1991)

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Bluebook (online)
466 N.W.2d 177, 1991 S.D. LEXIS 22, 1991 WL 19362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-in-interest-of-mk-sd-1991.