In re Children of TAA, No. A04-1345.

• Decision Date: 04 August 2005
• Docket Number: No. A04-1345.
• Citation: 702 N.W.2d 703
• Parties: In the Matter of the CHILDREN OF T.A.A.
• Court: Minnesota Supreme Court

702 N.W.2d 703

In the Matter of the CHILDREN OF T.A.A.

No. A04-1345.

Supreme Court of Minnesota.

August 4, 2005.

Rehearing Denied September 6, 2005.

Douglas H. Johnson, Washington County Attorney, Gregory J. Tavernier, Assistant County Attorney, Stillwater, MN, for appellant Washington County.

Wright S. Walling, Sherri D. Hawley, Walling, Berg & Debele, PA, Minneapolis, MN, for respondent T.A.A.

Gregory J. Schmidt, Gregory J. Schmidt Law Offices, PA, St. Paul, MN, for children K.B. and J.B.

Heard, considered, and decided by the court en banc.

OPINION

MEYER, Justice.

The district court terminated respondent T.A.A.'s parental rights to her four children based on findings that statutory grounds for termination exist, that termination is in the children's best interests, and that the county made reasonable efforts to reunite T.A.A. with her children. The court of appeals reversed on the ground the county failed to make reasonable efforts toward reunification because the county did not offer T.A.A. chemical dependency treatment at an earlier time. We reverse.

T.A.A. is the mother of two daughters, J.B., born November 1990, and K.B., born May 1992, and of two sons, C.T., born February 1999, and H.B., born August 2001. The children were placed in protective custody on May 1, 2003, and a petition alleging the children were in need of protection or services (CHIPS petition) was filed on May 6, 2003. The CHIPS petition alleged that there had been a report of physical abuse of H.B. based on a handshaped bruise on H.B.'s face after being left in the care of respondent mother's current boyfriend. The CHIPS petition also alleged that C.T. suffered severe burns on his thighs and groin area as a result of playing with matches while under the supervision of T.A.A., that T.A.A. had J.B. and K.B. supervise and care for H.B. and C.T. for extended periods of time, and that the family home was unclean and unsafe. The CHIPS petition also alleged a history of neglect and abuse of the children by men with whom T.A.A. was romantically involved. The CHIPS petition stated that J.B. and K.B. were abused by respondent's live-in boyfriend, R.T., when they were ages five and four, and that J.B. was sexually abused by a subsequent live-in boyfriend in 2001. J.B. reported the abuse to T.A.A., but T.A.A. allowed R.T. to live in the home an additional six months, at which time the abuse was reported to the police. T.A.A. admitted the children were in need of protection or services at the hearing on the CHIPS petition.

The court approved a case plan for T.A.A. that identified five goals for her: (1) appropriately parent the children in a consistent manner; (2) maintain stable mental health; (3) remain abstinent from drugs and alcohol; (4) meet the children's educational needs; and (5) maintain a legal, stable, clean and safe environment and housing for the children.

The county conducted a parenting assessment that indicated T.A.A. has problems acknowledging that she could protect her children from abuse by others and that she has problems acting as a parent figure to her children. T.A.A.'s refusal to recognize her responsibility to protect her children from abuse was a concern in light of the history of abuse of the children by others. The county provided her with services to address these concerns, including in-home sessions with social workers, and the district court found that the services provided were reasonable. Despite the services provided, the district court found that respondent did not make progress in the area of parenting. One social worker, who provided services in the final months preceding the petition for termination of parental rights, testified at the hearing on the petition for termination of T.A.A.'s parental rights that T.A.A. at times would show no concern when her children were involved in dangerous situations or activities.

The county provided respondent with mental health services as recommended by a psychiatrist. T.A.A. cooperated in a mental health evaluation. An evaluating psychologist concluded that T.A.A. suffers a personality disorder that causes her to deny the problems with her parenting and to lack insight into her history of abusive relationships. T.A.A. failed to participate in a women's group or a support group as recommended, but she did agree to participate in individual therapy. Her treating psychologist, Dr. Fran Stawarz, testified that T.A.A. did not make any progress in therapy. She further testified that she continued sessions with T.A.A. even after she had concluded that T.A.A. was not a candidate for further treatment, because the county had requested she continue. Dr. Stawarz testified at the termination hearing that T.A.A. did not believe there was anything "she could have done * * * to [keep] the children safe" from the prior abuse. Dr. Stawarz acknowledged that T.A.A. loves her children, but Dr. Stawarz did not believe that T.A.A. "would recognize a problem if it occurred in the future" and that the children were at risk of future abuse if returned to T.A.A. Dr. Stawarz opined that T.A.A. does not currently have the ability to safely parent her children, that T.A.A. would not have the ability to do so in the reasonably foreseeable future, and that the children should not be returned to T.A.A. now or in the reasonably foreseeable future. There was no evidence presented that T.A.A.'s lack of progress in therapy was related to her drug use.

As part of addressing the requirement of abstinence from drugs and alcohol, T.A.A. was required to submit to random drug testing. She was tested for drugs and alcohol 11 times between May 6 and November 2003. T.A.A. testified positive for marijuana in May and tested positive for methamphetamine in June, August, and November. During this period, T.A.A. also provided three samples that tested negative and three samples that were diluted and could not be tested. Because there is a possibility of false positive methamphetamine results, the county sent the four samples that tested positive for methamphetamine for confirmation testing, which confirmed the positive test results.

The county referred T.A.A. for four chemical health assessments after the positive results from the May, June, August, and November tests. The assessments were performed by Gary Paulson. T.A.A. denied using drugs and claimed that the positive test results were false positives and on one occasion attributed a positive test for methamphetamine to the use of diet drugs. After the first three assessments, Paulson concluded that T.A.A. did not have a chemical dependency problem and did not refer T.A.A. for treatment because T.A.A. denied having a drug problem. At the times of these three assessments, Paulson was not aware that the positive methamphetamine tests had been confirmed.

The fourth chemical dependency assessment occurred in November 2003 after a court hearing at which the county asked the court for permission to terminate reasonable efforts based on T.A.A.'s lack of progress in addressing her parenting problems and continued use of controlled substances. Pursuant to the county's request, the court entered an order ceasing all reasonable efforts with the exception that T.A.A. complete a chemical dependency treatment program if recommended after another chemical dependency evaluation. Paulson was informed at the time of the fourth chemical dependency evaluation that T.A.A.'s most recent positive test for methamphetamine had been confirmed. T.A.A. continued to deny using drugs. Despite T.A.A.'s continued denial of drug use, Paulson referred T.A.A. to the Tapestry Women's Program for a chemical dependency evaluation and treatment at the request of the county.

T.A.A. entered Tapestry on December 17, 2003. Although T.A.A. participated in treatment and worked on assignments, she did not make any progress in treatment because she continued to deny that she used drugs or had a chemical dependency problem. On December 31, 2003, T.A.A. attended a review hearing in the CHIPS matter. She called Tapestry later that day to report that she would not be returning to the program. T.A.A. was told to call if she wanted to return. Because it was not known if she would be returning, the county canceled a visitation session with the children at Tapestry scheduled for January 2, 2004. T.A.A. returned to Tapestry on January 1. She permanently left the program on January 2 after learning that the visitation had been canceled. Because of the impending permanency deadline¹ and because the district court had already issued an order permitting the county to cease providing services, no further treatment was offered to T.A.A. T.A.A. never requested additional opportunities for treatment and has never asserted that she is chemically dependent. At the termination hearing in May 2004, she continued to deny the use of drugs.

To fulfill the fourth case plan goal of meeting the children's educational needs, the county provided T.A.A. with the services of in-home parent educators, and required T.A.A. to participate in meetings relating to the educational needs of the children and to follow through with any recommendations for addressing special education. T.A.A.'s case manager, Jackie Johnson, testified that while T.A.A. attended meetings, she refused to recognize the need for recommended speech therapy for C.T., who was diagnosed with speech delays. Johnson also testified that the in-home parent educators reported that T.A.A. was inconsistent in the attention and direction she provided to the children.

The fifth goal of the case plan required T.A.A. to maintain a safe and suitable home for the children. The record indicates that the issues regarding the condition of the family home had been substantially addressed at the time of the termination hearing, and the district court did not find that the condition of the home was unsuitable for the children.

After T.A.A. left the Tapestry program, the...