In the Matter of the Welfare of the Children of: A. S. and L. S., Jr., Parents.
A16-1353
| Minn. Ct. App. | Feb 13, 2017Background
- Three children (born 2011–2013) were the subjects of CHIPS proceedings after county workers observed severe home neglect, poor hygiene, parental fighting, and concerns about parental substance use and untreated mental health issues.
- County provided intensive in‑home services beginning May 2015; children were placed with paternal grandfather in November 2015 and adjudicated CHIPS.
- County filed to terminate parental rights April 2016 under Minn. Stat. § 260C.301, alleging failure to satisfy parental duties, palpable unfitness, failed reasonable efforts, neglect, and foster‑care status; father counter‑petitioned to transfer custody to grandfather.
- At the June 2016 one‑day trial the district court found by clear and convincing evidence that reasonable efforts failed to correct the conditions leading to out‑of‑home placement, and terminated both parents’ rights.
- The court denied father’s request to transfer permanent custody to grandfather, finding custody transfer not in the children’s best interests based on grandfather’s inconsistent compliance, failure to address children’s educational/medical/therapeutic needs, and past lack of cooperation with county services.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reasonable efforts by the county failed to correct conditions leading to out‑of‑home placement (statutory ground under § 260C.301(b)(5)) | Parents: conditions were corrected and they substantially complied with case plans | County: children lived out of home >6 months, parents lacked regular contact and did not substantially comply with case plans (housing, parenting, mental‑health, substance issues) | Court: Presumption applies; parents did not rebut it. Reasonable efforts failed and statutory ground proven. |
| Whether termination of parental rights is supported by the record and in children’s best interests | Parents: challenged only reasonable‑efforts finding and sought custody transfer to grandfather | County/guardian: termination is warranted; grandparents are unsuitable for permanent transfer | Court: Termination affirmed as in children’s best interests (court did not reach other statutory grounds because one ground sufficed). |
| Whether transfer of permanent legal/physical custody to paternal grandfather was in children’s best interests under § 260C.515 | Father: grandfather was the children’s primary stable caregiver and should receive permanent custody | County/guardian: grandfather had inconsistent compliance, failed to follow recommendations, missed appointments, resisted therapy and IEPs | Court: Denied transfer—court found credible evidence grandfather would not reliably meet children’s educational, medical, or mental‑health needs. |
| Whether district court abused its discretion in findings/credibility | Parents: court erred in weighing progress and compliance | County/guardian: district court properly evaluated credibility and statutory factors | Court: No abuse of discretion; factual findings not clearly erroneous; deference to credibility determinations. |
Key Cases Cited
- In re Welfare of Child of W.L.P., 678 N.W.2d 703 (Minn. App. 2004) (parental‑rights termination is allowed only for grave and weighty reasons)
- In re Welfare of Children of S.E.P., 744 N.W.2d 381 (Minn. 2008) (three‑part test for termination: reasonable efforts, statutory ground, best interests)
- In re Welfare of Children of K.S.F., 823 N.W.2d 656 (Minn. App. 2012) (standard of review for district court findings in termination cases)
- In re Welfare of Children of J.R.B., 805 N.W.2d 895 (Minn. App. 2011) (appellate review and affirmance if any statutory ground proven)
- In re Welfare of Child of D.L.D., 771 N.W.2d 538 (Minn. App. 2009) (deference to district court credibility findings)
- In re Welfare of Children of A.I., 779 N.W.2d 886 (Minn. App. 2010) (abuse‑of‑discretion standard for custody transfer decisions)