Welfare of M.F., Matter of
| Decision Date | 06 August 1991 |
| Docket Number | C3-91-120,Nos. C3-91-117,s. C3-91-117 |
| Citation | 473 N.W.2d 367 |
| Parties | In the Matter of the WELFARE OF M.F., R.F., M.F. (C3-91-117), M.L.K. (C3-91-120). |
| Court | Minnesota Court of Appeals |
Syllabus by the Court
It is in the trial court's discretion to determine whether a minor's settlement fund is available to a county seeking reimbursement for various social services provided to the minor child.
Stephen Halsey, Fridley, for respondents M.F., R.F. and M.F.
Daniel Sadowski, Coon Rapids, for respondents M.F., R.F., M.F., M.L.K.
Robert M.A. Johnson, Anoka County Atty., Michael Alan Chmiel, Asst. County Atty., Anoka, for appellants.
Considered and decided by RANDALL, P.J., and LANSING, and NORTON, JJ.
In this consolidated appeal, Anoka County challenges the trial court's finding that minor settlement funds are not resources attributable to the children within the meaning of Minn.Stat. Sec. 260.251, subd. 1(b) (Supp.1989).
M.F., R.R. and M.F. are brothers. They each received a settlement for injuries sustained in an automobile accident. The proceeds of the settlements were invested in certificates of deposit.
All three children have been in various involuntary out-of-home placements. Anoka County alleges that the cost of services to each exceeds the present value of their respective certificates of deposit.
In the companion case, M.L.K. was suspected of stealing money at Mille Lacs School. She was strip-searched and her mother sued the school. M.L.K. received a settlement of $25,000, which she will begin receiving in 1992.
Anoka County has been involved with M.L.K. and her family since 1986. During this time she has been adjudicated delinquent and in need of protection. Anoka County alleges it expended $21,239.98 and continues to incur expenses on her behalf.
On March 7, 1990, Anoka County began these actions to obtain reimbursement from the children's trust accounts for costs of care, examination, and/or treatments pursuant to Minn.Stat. Sec. 260.251, subd. 1(b). The trial court denied the county's request and this appeal followed.
Did the trial court err by concluding the minors' assets were not resources attributable to the children within the meaning of Minn.Stat. Sec. 260.251, subd. 1(b)?
The dispute in this case concerns the interpretation of a statute. It is, therefore, a question of law that is reviewable de novo. A.J. Chromy Constr. Co. v. Commercial Mechanical Serv., Inc., 260 N.W.2d 579, 582 (Minn.1977).
In both of these cases, Anoka County moved the trial court for an order determining the assets of the children available as income or resources pursuant to Minn.Stat. Sec. 260.251, subd. 1(b) which provides:
The Court shall order, and the county welfare board shall require, the parents or custodian of a child, while the child is under the age of 18, to use the total income and resources attributable to the child for the period of care, examination, or treatment, except for clothing and personal needs allowance as provided in section 256B.35 to reimburse the county for the cost of care, examination, or treatment. Income and resources attributable to the child include, but are not limited to, social security benefits, supplemental security income (SSI), veterans benefits, railroad retirement benefits and child support. When the child is over the age of 18, and continues to receive care, examination, or treatment, the court shall order, and the county welfare board shall require, reimbursement from the child for the cost of care, examination, or treatment from the income and resources attributable to the child less the clothing and personal needs allowance.
In Beltrami County v. Goodman, 427 N.W.2d 662 (Minn.1988), the Minnesota Supreme Court held a minor's wrongful death settlement fund available as income or resources to reimburse the county for foster care. Id. at 664. In that case, the county sought reimbursement for foster care expenses resulting when the minor was removed from his mother's care and placed in a group home because of continuing behavioral problems. Id. at 663. The court reasoned that the statute does not limit the type of resources attributable to the child from which a county may be reimbursed and stated its decision was further supported by the fact that a wrongful death award is intended to compensate the survivors for the support of the decedent on which they relied. Id. at 664. The Beltrami court stated the statute was clear and "it is for the legislature to explicitly identify any exemptions or exceptions to the statute." Id. at 665.
In In Re K.S., 427 N.W.2d 653 (Minn.1988), a companion case to Beltrami, the Minnesota Supreme Court held a minor's settlement fund is always an available asset for medical assistance eligibility and reimbursement purposes. Id. at 660. K.S. was a minor who was voluntarily placed in a residential treatment facility for the mentally retarded. During birth, she sustained severe injuries that resulted in mental retardation and cerebral palsy. Pursuant to Minn.Stat. Sec. 540.08 (1986), her guardian obtained a settlement on her behalf which was placed in trust until K.S. reached the age of eighteen. The county sought reimbursement for the medical expenses it paid on behalf of K.S. pursuant to Minn.Stat. Sec....
To continue reading
Request your trial
-
Borth v. Borth
...for the district court to determine whether an HRO should be issued based on a proper application of the law. See In re Welfare of M.F., 473 N.W.2d 367, 370 (Minn.App. 1991) (reversing and remanding after the district court erroneously interpreted the law in a matter 13 involving the distri......
-
Bock v. Bock
... ... Appellant contends the trial court erred as a matter of law in calculations leading to the ... denial of her motion for an upward modification of the ... ...
-
In re Marriage of Norblom v. Norblom, No. A07-1179 (Minn. App. 8/5/2008)
...matter as a matter of law, a remand is appropriate to allow the district court to exercise its discretion. See In re Welfare of M.F., 473 N.W.2d 367, 370 (Minn. App. 1991) (remanding district court to exercise discretion). Further, as addressed above, several of the child-support-related fi......
-
Borth v. Borth
...for the district court to determine whether an HRO should be issued based on a proper application of the law. See In re Welfare of M.F. , 473 N.W.2d 367, 370 (Minn. App. 1991) (reversing and remanding after the district court erroneously interpreted the law in a matter involving the distric......