People in Interest of SAH

537 N.W.2d 1, 1995 S.D. LEXIS 103, 1995 WL 488354
CourtSouth Dakota Supreme Court
DecidedAugust 16, 1995
Docket18770, 18779, and 18822
StatusPublished
Cited by22 cases

This text of 537 N.W.2d 1 (People in Interest of SAH) 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 SAH, 537 N.W.2d 1, 1995 S.D. LEXIS 103, 1995 WL 488354 (S.D. 1995).

Opinions

CALDWELL, Circuit Judge.

In this consolidated appeal, J.H. (Mother) and A.B. (Father) appeal an order finding their Child, S.A.H., abused and neglected and terminating their parental rights. Mother and Child appeal the trial court’s denial of Mother’s motion for a mandatory open adoption. Mother and Child contend that an open adoption is in the best interests of the Child. We affirm.

FACTS

Mother is twenty-nine years old, suffers from mental impairments and is deaf. Mother attended schools for the deaf in Minnesota and South Dakota but never graduated from high school. Mother is a client at Black Hills Workshop and lives in an apartment. Mother functions at a seven-year-old level.

Father also has a low IQ, is deaf and works at Black Hills Workshop. Father has a history of abusing alcohol and marijuana. Father suffered from depression and psychotic episodes in the past. Both parents suffer from immaturity, impatience, and lack of impulse and anger control. Both parents communicate through sign language. Mother and Father were never married.

Mother planned her pregnancy. During the pregnancy a social worker tried to help Mother develop parenting skills but to no avail. Child was born on May 22, 1993 and the Department of Social Services (DSS) removed Child from parents upon discharge from the hospital and placed him in foster care.

Parents were granted visitation for several hours every week. These visitations were supervised by DSS for the purpose of teaching Mother and Father parenting skills.

The supervising social workers observed open hostility between Mother and Father on many of the visitations. On some occasions the parents argued so intently they ignored Child. One social worker observed Mother drop Child during one of these arguments. Parents threw items against the wall while fighting.

Mother exhibited a lack of skill which endangered Child. Along with the fighting, Mother smoked while holding child and did not understand that a lit cigarette could be harmful to Child. Mother once left Child alone in the bath. Mother fell asleep during visitations and the social worker had to intervene to care for Child. Mother hit Child when he pulled her hair and yelled at Child for age appropriate behavior such as spitting up. When Child began to cry, Mother became agitated and started crying.

The state then filed an abuse and neglect petition on October 23, 1993. A hearing was held on said petition on January 21, 1994.

Testimony at the hearing indicated that Child had bonded with Mother but also revealed that Child bonded with Mother as with all frequent visitors.

Father was portrayed as indifferent to Child. He once remarked that Child would bring in a lot of government money. Social [4]*4workers observed that he became apathetic during visits and left Child unattended.

Mother’s sister agreed to supervise a two-week Christmas visitation. Mother needed constant supervision during this two-week period. Mother was angry and resentful when sister made suggestions. Mother could not adapt her schedule to Child’s.

DSS workers tried to teach parenting skills through demonstrations. The worker demonstrated a particular skill, such as diapering, and used a sign language interpreter to make sure the parents understood. DSS used many resources and techniques to aid Mother and Father. DSS consulted experts and the South Dakota School for the Deaf for assistance.

Despite these efforts, the parents were unable to master parenting skills. DSS workers testified that Mother and Father would learn a skill but lose that skill before the next visit. Parents had no understanding of the different stages of child development and age appropriate behavior.

Dr. Val Farmer evaluated Father on October 14, 1993. Dr. Farmer concluded that placing Child with Father could be emotionally damaging. Father exhibited no signs of interest in parenting. Dr. Farmer did not see any sign of bonding between Father and Child. Dr. Farmer did not meet or evaluate Mother.

Kay Lindgren, a licensed counselor, worked with Mother while she was pregnant. She testified that Mother is incapable of caring for Child. Mother failed to appear for scheduled appointments and ended the sessions in August 1993. Ms. Lindgren testified that Child would be emotionally neglected and in danger of physical harm in Mother’s care. Ms. Lindgren was not aware of any services which would enable Mother to develop parenting skills. Ms. Lindgren testified that Mother is unable to control her impulses and allows Father to control the relationship.

Dr. Dawn Kugler, a clinical psychologist, also evaluated Mother. According to Dr. Kugler, no program or person can teach Mother sufficient parenting skills to care for Child.

Dr. Howard Dickman, a licensed psychologist who works with deaf people with mental impairments, evaluated Mother and Father and testified Child would be at risk of physical and emotional harm if placed with either parent. However, Dr. Dickman concluded that it would be positive for both parents, especially Mother, to play a role in Child’s life.

The trial court concluded that Child was abused and neglected as defined by SDCL 26-8A-2.

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People in Interest of SAH
537 N.W.2d 1 (South Dakota Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
537 N.W.2d 1, 1995 S.D. LEXIS 103, 1995 WL 488354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-in-interest-of-sah-sd-1995.