Welfare of J.J.B., Matter of

• Decision Date: 11 July 1986
• Docket Number: Nos. C8-84-1647,C4-84-2178,s. C8-84-1647
• Citation: 390 N.W.2d 274
• Parties: In the Matter of the WELFARE OF J.J.B., a minor child.
• Court: Minnesota Supreme Court

Page 274

390 N.W.2d 274

In the Matter of the WELFARE OF J.J.B., a minor child.

Nos. C8-84-1647, C4-84-2178.

Supreme Court of Minnesota.

July 11, 1986.

Syllabus by the Court

1. In determining, upon proper petition, whether a termination of parental rights is appropriate, a trial court shall examine the record relative to the statutory criteria and order a disposition which promotes the best interests of the affected child.

2. The record demonstrates that the respondent was provided with a copy of the written plan detailing the efforts necessary to reunite parent and child, that the details were discussed with her, and that the court inquired of and was satisfied that her understanding of the plan was complete.

Michael Q. Lynch, Kandiyohi Co. Atty., Willmar, for Kandiyohi County.

Rolf Sletlen, Willmar, for Child.

Thomas Johnson, Willmar, for Mother.

Carol Leopold, Willmar, guardian ad litem.

Heard, considered and decided by the court en banc.

COYNE, Justice.

On August 9, 1984, the Family Division of the Kandiyohi County Court terminated the parental rights of L.B., the natural mother of J.J.B., a minor child. Based on its determination that the child's mother had never been given either a copy of a written case plan or a verbal explanation of its contents, the court of appeals reversed. On February 14, 1986 this court, 381 N.W.2d 442, ordered reversal of the decision of the court of appeals and reinstatement of the county court's order. Our order provided that this opinion would follow.

J.J.B. was born in January of 1979. On three occasions during the first 11 months of her life J.J.B. was placed in foster homes, twice by voluntary placement because of L.B.'s epilepsy or blackouts. On November 26, 1979, on petition of the Kandiyohi County Family Services Department, J.J.B. was adjudicated a "dependent child" under Minn.Stat. Sec. 260.015, subd. 6(d) (1978): a child "[w]ho is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of his parent, guardian, or other custodian." Pursuant to Minn.Stat. Sec. 260.191, subd. 1 (1978), custody of J.J.B. was transferred to the county.

In the next two years the family services department formulated two separate plans to reunite mother and child. Neither was successfully completed, and in January of 1982, upon the county's petition, the county court terminated L.B.'s parental rights. On appeal, a three judge district court panel reversed on the ground that the county had not proved any of the statutory grounds for termination of parental rights. Custody, however, was continued in the county.

On October 29, 1982, the county court approved a third plan. This plan continued custody in Kandiyohi County Family Services until January 30, 1983, subject to conditions in which are set out detailed provisions relating to visitation; weekly counseling sessions; cooperation with the assigned social worker; the recommendations of psychiatric evaluators; the development and exercise of proper parenting skills, including proper discipline, which will meet the child's basic needs for food, clothing, and shelter and will permit her to develop the skills appropriate to her age; and development of the ability to handle stressful situations. The plan provided for increased visitation as its conditions were satisfied in an attempt to gradually reinforce the developing parent-child relationship. The order directed the county to file a status report on or before January 20, 1983, "[i]t being understood that during this period the Kandiyohi County Family Services will attempt to reunite the child in the child's home."

On February 17, 1983, the county again filed a petition for termination of L.B.'s parental rights, alleging failure of the third plan and citing the basis for termination set out at Minn.Stat. Sec. 260.221(b)(5)(1982):

The juvenile court may, upon petition, terminate all rights of a parent to a child in the following cases:

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(b) If it finds that one or more of the following conditions exist:

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(5) That following upon a determination of neglect or dependency, reasonable efforts, under the direction of the court, have failed to correct the conditions leading to the determination.

Following continuances and the withdrawal of counsel and substitution of new counsel for L.B., hearings on the petition were held in April and May of 1984.

A psychologist, Dr. Paul Borreson, who had observed mother and child together during four visits between October of 1983 and March of 1984, testified that these visits were hyperactive and hectic, almost frantic in nature, as L.B. tried to distract and please J.J.B. with non-stop activity. He stated that J.J.B. avoided physical contact with L.B. and that J.J.B. was becoming more vocal about her dislike of L.B. It was Dr. Borreson's opinion that L.B. was not teachable with respect to complex parenting skills and that she could not overcome her liabilities--i.e., her psychiatric disorder, borderline mental retardation, poor behavioral managerial skills, and her lack of understanding of a child's ages and stages. Dr. Borreson saw little hope for the success of any reunification plan. He believed that termination of parental rights was in the best interest of the child and that there was no viable alternative.

Dr. John Bonde, chief of psychiatry at Brainerd State Hospital and L.B.'s treating psychiatrist during her six most recent hospitalizations, diagnosed L.B. as suffering from an organic personality syndrome, shown by her dramatic mood swings, impaired impulse control, and her suspicious, almost paranoid nature. He testified that the long-term prognosis was poor. Dr. Bonde considered L.B. suicidal; at least some of her 10 to 20 suicide attempts were serious. L.B. was hospitalized at Brainerd State Hospital six times between December of 1982 and January of 1984 because of suicide attempts or threats. Because of what he perceived as L.B.'s inability to deal with stressful situations, Dr. Bonde was of the opinion that a very structured non-stressful environment would be best for L.B. and that she had slim chance of living in society without supervision.

Another psychologist, Dr. John O'Regan, concurred with Dr. Bonde's diagnosis and prognosis. He regarded L.B.'s suicide attempts and threats as manipulative, and he testified that L.B.'s characterological disorder and intelligence level inhibit her ability to develop parenting skills.

There was evidence that county social workers had scheduled 35 home or office visits with L.B. between August of 1982 and December of 1983, that L.B. had cancelled five scheduled visits and that she had simply failed to appear on nine occasions. There was no evidence of appreciable progress, and social workers involved in attempting to implement the plan concluded reunification was an unattainable goal.

Dr. George Heikens, a psychologist, agreed that L.B. has an organic personality disorder and low borderline intelligence, but he considered L.B.'s conduct toward J.J.B., during the one hour visit that he had observed, loving and caring and not emotionally neglectful. He pointed out that most people of borderline intelligence are not unfit parents, and he expressed the view that, without some showing of physical or emotional neglect or abuse, an organic personality disorder did not afford sufficient basis for termination of parental rights. In his opinion L.B. could provide for her child's emotional needs and successfully parent her daughter. He regarded the fact that J.J.B. was in foster care as the primary cause of the problems with the relationship between L.B. and J.J.B., but his recommendation was that they be placed together in a foster home.

On August 9, 1984, the court issued an order terminating L.B.'s parental rights based on detailed findings of fact regarding the determination of dependency pursuant to Minn.Stat. Sec. 260.015, subd. 6(d) and setting out the efforts made and the failure of those efforts to correct the conditions leading to that determination. In his accompanying memorandum, the trial judge declared that there was clear and convincing evidence that L.B. is and will continue to be unable to provide J.J.B. with the required physical and emotional care. Acknowledging that mental illness alone is not a sufficient ground for termination of parental rights, the trial judge pointed out that despite L.B.'s good intentions and the efforts made to reunite mother and child, L.B. was incapable of providing adequate care; and he found clear and convincing evidence that continuance of the parent-child relationship would be detrimental to J.J.B. The court of appeals reversed.

We granted the petition of the Kandiyohi County Family Services Department in order to reexamine the competing societal interests and the legal presumptions and protections attending the fundamental parent-child relationship. Family unit and a commitment to the nurturing of children are frequently cited as cornerstones of the American way of life. These values give rise to a presumption that a natural parent is a fit and suitable person to be entrusted with the care of his or her child and that it is ordinarily in the best interest of a child to be in the custody of his or her natural parents. In re Welfare of Clausen, 289 N.W.2d 153, 156 (Minn.1980). Abuse and neglect, however, all too often compel courts to intervene in the parent-child relationship and decide where and in what circumstances children will live. Even in those cases in which intentional abuse or neglect has been demonstrated, courts proceed with great care and deliberation in the termination of parental rights. When, as in the present case, the child's dependency is the result of some disability which renders the parent unable, no matter how loving and no matter how willing and well intentioned, to provide proper parental care, courts are most reluctant to terminate...