In the Matter of the WELFARE OF the CHILD OF: D.L.D. and M.E.F., Parents
2015 Minn. App. LEXIS 32
| Minn. Ct. App. | 2015Background
- Mother (D.L.D.) was CHIPS-adjudicated after a March 2014 police search of her home revealed marijuana and prescription drugs; child K.D.D.F. was placed with father (M.E.F.) under protective supervision.
- Father filed a permanency petition seeking permanent legal and physical custody; mother moved to dismiss the amended petition for failure to state a prima facie case.
- The juvenile court took evidence, judicially noticed the CHIPS file, considered SWHHS and GAL reports, and denied mother’s dismissal motion; it then granted father’s permanency petition and transferred custody to father.
- The court found SWHHS made reasonable reunification efforts (therapy, visitation, monitoring, financial assistance, counseling, home visits) and that conditions preventing return had not been corrected.
- The court concluded that although the factual bases for the injurious/dangerous environment changed after removal (e.g., mother stopped selling drugs), other bases remained (precarious housing, unstable parenting, child’s special needs), so the child could not safely return home.
Issues
| Issue | Mother’s Argument | Father’s Argument | Held |
|---|---|---|---|
| Whether the court erred denying mother’s motion to dismiss the amended permanency petition | Amended petition failed to plead a prima facie case for transfer of permanent custody | Petition alleged facts (drug exposure, poor home, deficient parenting, GAL report) sufficient if proven to support transfer | No error — court did not abuse discretion in finding a prima facie case |
| Whether the court erred in transferring permanent legal and physical custody to father | Court relied on inadmissible pre-removal intakes/workgroups, on post-hearing evidence, and on conditions not adjudicated at removal; mother’s due-process rights violated | Evidence (testimony, reports, CHIPS file via judicial notice) supported findings: reasonable efforts and uncorrected conditions; change in factual bases does not defeat the statutory condition | No error — findings supported by competent evidence; transfer affirmed |
Key Cases Cited
- Tousignant v. St. Louis Cnty., 615 N.W.2d 53 (Minn. 2000) (defines prima facie case as prevailing absent evidence invalidating it)
- Braylock v. Jesson, 819 N.W.2d 585 (Minn. 2012) (prima facie case can vary by context; legal-term-of-art clarification)
- Spanier v. Spanier, 852 N.W.2d 284 (Minn. App. 2014) (review of prima facie determination for abuse of discretion)
- In re Welfare of L.L.P., 836 N.W.2d 563 (Minn. App. 2013) (standard for reviewing prima facie determinations in placement/adoption contexts)
- In re Welfare of Child of J.K.T., 814 N.W.2d 76 (Minn. App. 2012) (discretionary evidentiary rulings and harmless-error analysis)
- In re Welfare of J.H., 844 N.W.2d 28 (Minn. 2014) (clear-error standard for factual findings)
- Stern v. Stern, 839 N.W.2d 96 (Minn. App. 2013) (juvenile court’s exclusive jurisdiction over custody during CHIPS proceedings)