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In re Welfare of Child of T. V.

Court of Appeals of Minnesota

October 15, 2013

In the Matter of the Welfare of the Child of: T. V., Parent

UNPUBLISHED OPINION

Ramsey County District Court File No. 62-JV-12-2681.

Joanna Woolman, Reentry Clinic at William Mitchell College of Law, Baylea Kannmacher, Certified Student Attorney, St. Paul, Minnesota (for appellant T.V.).

Jennifer Doyle, Children's Law Center, St. Paul, Minnesota (for respondent M.V.).

James Laurence, St. Paul, Minnesota (for Guardian ad Litem).

John Choi, Ramsey County Attorney, Rebecca Reinhart Bartholomew, Assistant County Attorney, St. Paul, Minnesota (for respondent Ramsey County).

Considered and decided by Bjorkman, Presiding Judge; Peterson, Judge; and Ross, Judge.

PETERSON, Judge.

In this appeal from the termination of her parental rights, appellant-mother argues that the record does not support the district court's determinations that: (1) the county made reasonable efforts to correct the conditions that led to her child's out-of-home placement; (2) she refused or neglected to comply with her parental duties; and (3) she is palpably unfit to parent her child. We affirm.

FACTS

M.V. was born to appellant-mother T.V. on April 24, 2003. M.V. has spina bifida and, due to her physical condition, she requires frequent, specialized medical care and uses a wheelchair; she also has significant cognitive delays. Mother has an adjustment disorder that affects her emotional stability and conduct, and she is cognitively disabled and has limited ability to read and write. Until his death in May 2011, mother's father provided most of M.V.'s care.

In September 2011, an acquaintance of mother's called police to report that mother had left M.V. with her for several days, and she did not know how to care for the child. Police took M.V. to the hospital, where staff discovered that she had a urinary tract infection and that her respiratory machine was filthy. When mother visited M.V. at the hospital, M.V. "became so upset that she began to vomit." Mother was verbally abusive toward hospital staff when they tried to obtain medical information from her; consequently, she was barred from the hospital.

M.V. was released from a 72-hour protective hold after mother agreed to a family assessment and safety plan for the child, which required mother to make proper care arrangements for M.V. and barred mother's friend J.D. from residing with mother and the child. The district court later found that J.D. was convicted of both fourth-degree criminal sexual conduct and failure to register as a sex offender, and that he remains untreated.

In November 2011, after school staff reported that J.D. was seen putting M.V. on the school bus and appeared to be living with mother, M.V. was placed in foster care with her maternal grandmother and step-grandfather, T.S. and G.S. ...


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