Ask Me Help Desk - Mn took my 9 day old daughter

Quote:

Originally Posted by tickle

hi saxony, I know you must be on here to get this off your chest but what exactly are you doing about your situation. You say you dont have the money, and I can appreciate that. Are you actually getting anything out of the input from others?

I am curious ?

tick

Yes I've tried .nothing going on its all over money.plus its to late. The chid was adopted .after 20 days from the court order.cort apointed atterny blew me and my wife off. A week from last court herring.he or the courts told us we only had 20days to make a appeal.I wasn't born to no the deadline.ive contacted atternys they want money.put it this way .welfare can snatch any child.when that happens to the average americain that has only enough to suport family.and not exstra.to hire atterny. Never new this would happen .and the courts no you don't have funds.cause when you naplie for court appointed attrny.they no you're .money issues. That gives them the sense to do m,ore that coast more.for us.

I still cannot understand your case.

Minn. Stat. Ann. § 260C.301, Subd. 1-3
Circumstances That Are Grounds for Termination

Abandonment or Extreme Parental Disinterest
Abuse/Neglect
Alcohol or Drug Induced Incapacity
Felony Conviction/Incarceration
Abuse/Neglect or Loss of Rights of Another Child
Failure of Reasonable Efforts
Failure to Provide Support
Child in care 15 of 22 months (or less)

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

With the written consent of a parent who for good cause desires to terminate parental rights; or

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

That the parent has substantially, continuously,
Or repeatedly refused or neglected to comply with the duties imposed upon that parent by the parent and child relationship, including, but not limited to, providing the child with necessary food, clothing, shelter, education, and other care and control necessary for the child's physical, mental, or emotional health and development, if the parent is physically and financially able, and reasonable efforts by the social services agency have failed to correct the conditions that formed the basis of the petition or reasonable efforts would be futile and therefore unreasonable;

That a parent has been ordered to contribute to the support of the child or financially aid in the child's birth and has continuously failed to do so without good cause;

That a parent is palpably unfit to be a party to the parent and child relationship because of a consistent pattern of specific conduct before the child or of specific conditions directly relating to the parent and child relationship, either of which are determined by the court to be of a duration or nature that renders the parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental, or emotional needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent and child relationship upon a showing that the parent's parental rights to one or more other children were involuntarily terminated or that the parent's custodial rights to another child have been involuntarily transferred to a relative;

That, following the child's placement out of the home, reasonable efforts, under the direction of the court, have failed to correct the conditions leading to the child's placement. It is presumed that reasonable efforts under this clause have failed upon a showing that: a) A child has resided out of the parental home under court order for a cumulative period of 12 months within the preceding 22 months. In the case of a child under age 8 at the time the petition was filed alleging the child to be in need of protection or services, the presumption arises when the child has resided out of the parental home under court order for six months unless the parent has maintained regular contact with the child and the parent is complying with the out-of-home placement plan; b) The court has approved the out-of-home placement plan required under § 260C.212 and filed with the court under § 260C.178; c) Conditions leading to the out-of-home placement have not been corrected. It is presumed that conditions leading to a child's out-of-home placement have not been corrected upon a showing that the parent or parents have not substantially complied with the court's orders and a reasonable case plan; and d) Reasonable efforts have been made by the social services agency to rehabilitate the parent and reunite the family.

It is also presumed that reasonable efforts have failed under this clause upon a showing that:

The parent has been diagnosed as chemically dependent by a professional certified to make the diagnosis; the parent has been required by a case plan to participate in a chemical dependency treatment program; the treatment programs offered to the parent were culturally, linguistically, and clinically appropriate; the parent has either failed two or more times to successfully complete a treatment program or has refused at two or more separate meetings with a caseworker to participate in a treatment program; and the parent continues to abuse chemicals;

That a child has experienced egregious harm in the parent's care which is of a nature, duration, or chronicity that indicates a lack of regard for the child's well-being, such that a reasonable person would believe it contrary to the best interest of the child or of any child to be in the parent's care;

The county attorney shall file a termination of parental rights petition within 30 days of the responsible social services agency determining that a child has been subjected to egregious harm, is determined to be the sibling of another child of the parent who was subjected to egregious harm, is an abandoned infant, or the parent has lost parental rights to another child through an order involuntarily terminating the parent's rights, or another child of the parent is the subject or an order transferring permanent legal and physical custody of the child to a relative .

260C.301

This clause does not prohibit the termination of parental rights prior to one year, or in the case of a child under age eight, prior to six months after a child has been placed out of the home.

It is also presumed that reasonable efforts have failed under this clause upon a showing that:

(A) the parent has been diagnosed as chemically dependent by a professional certified to make the diagnosis;

(B) the parent has been required by a case plan to participate in a chemical dependency treatment program;

(C) the treatment programs offered to the parent were culturally, linguistically, and clinically appropriate;

(D) the parent has either failed two or more times to successfully complete a treatment program or has refused at two or more separate meetings with a caseworker to participate in a treatment program; and

(E) the parent continues to abuse chemicals.

(6) that a child has experienced egregious harm in the parent's care which is of a nature, duration, or chronicity that indicates a lack of regard for the child's well-being, such that a reasonable person would believe it contrary to the best interest of the child or of any child to be in the parent's care;

(7) that in the case of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born the person is not entitled to notice of an adoption hearing under section 259.49 and the person has not registered with the fathers' adoption registry under section 259.52;

(8) that the child is neglected and in foster care; or

(9) that the parent has been convicted of a crime listed in section 260.012, paragraph (b), clauses (1) to (3).

In an action involving an American Indian child, sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to the extent that the provisions of this section are inconsistent with those laws.
Subd. 2.Evidence of abandonment.

For purposes of subdivision 1, clause (b), item (1):

(a) Abandonment is presumed when:

(1) the parent has had no contact with the child on a regular basis and not demonstrated consistent interest in the child's well-being for six months and the social services agency has made reasonable efforts to facilitate contact, unless the parent establishes that an extreme financial or physical hardship or treatment for mental disability or chemical dependency or other good cause prevented the parent from making contact with the child. This presumption does not apply to children whose custody has been determined under chapter 257 or 518; or

(2) the child is an infant under two years of age and has been deserted by the parent under circumstances that show an intent not to return to care for the child.

The court is not prohibited from finding abandonment in the absence of the presumptions in clauses (1) and (2).

(b) The following are prima facie evidence of abandonment where there has been a showing that the person was not entitled to notice of an adoption proceeding under section 259.49:

(1) failure to register with the fathers' adoption registry under section 259.52; or

(2) if the person registered with the fathers' adoption registry under section 259.52:

(I) filing a denial of paternity within 30 days of receipt of notice under section 259.52, subdivision 8;

(ii) failing to timely file an intent to claim parental rights with entry of appearance form within 30 days of receipt of notice under section 259.52, subdivision 10; or

(iii) timely filing an intent to claim parental rights with entry of appearance form within 30 days of receipt of notice under section 259.52, subdivision 10, but failing to initiate a paternity action within 30 days of receiving the fathers' adoption registry notice where there has been no showing of good cause for the delay.
Subd. 3.Required termination of parental rights.

(a) The county attorney shall file a termination of parental rights petition within 30 days of the responsible social services agency determining that a child has been subjected to egregious harm as defined in section 260C.007, subdivision 14, is determined to be the sibling of another child of the parent who was subjected to egregious harm, or is an abandoned infant as defined in subdivision 2, paragraph (a), clause (2), or the parent has lost parental rights to another child through an order involuntarily terminating the parent's rights, or another child of the parent is the subject of an order involuntarily transferring permanent legal and physical custody of the child to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar law of another jurisdiction. The responsible social services agency shall concurrently identify, recruit, process, and approve an adoptive family for the child. If a termination of parental rights petition has been filed by another party, the responsible social services agency shall be joined as a party to the petition. If criminal charges have been filed against a parent arising out of the conduct alleged to constitute egregious harm, the county attorney shall determine which matter should proceed to trial first, consistent with the best interests of the child and subject to the defendant's right to a speedy trial.

Quote:

Originally Posted by saxony

my other child was taken in ia due to.no insurance

I doubt of that it was the only reason... You must have the order for TPR. Please have a look there and tell us EXACTLY which grounds for TPR were issued.

There are seven grounds for TPR:

1. Abandonment.
2. Failure to Provide Parental Support./there is clear and convincing evidence that a parent has substantially and repeatedly neglected to comply with the duties of a parent such as the duty to provide necessary food, clothing, shelter, education, and other care necessary for the child's physical, mental, or emotional health and development. This only applies if the parent has failed to provide support without good cause/
3. Failure to Provide Financial Support.
4. Unfit Parent/it can be shown that the parent has demonstrated a consistent pattern of specific conduct before the child or of specific conditions directly relating to the parent and child relationship which renders that parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental, or emotional needs of the child. Significantly , there is also a presumption that a parent is unfit if the his/her parental rights were terminated to another child in the past.
5. Foster Care Placement & Continued Parental Problems.
6. Egregious Harm to Child.
7. Conviction of Crimes.

... and my last but not unimportant question;which county has jurisdiction over your case?

Quote:

Originally Posted by GV70

...and my last but not unimportant question;which county has jurisdiction over your case?

Fillmore county preston mn.I live in ia.up here visitting.I use to live here several years back.

Quote:

Originally Posted by tickle

What country do you live in, saxony ? Lets start there.

tick

The good old usa.that put my antsisters.on reservations and left us poor.now there are some abusive officials.and government kid snatchers.

Quote:

Originally Posted by GV70

I doubt of that it was the only reason...You must have the order for TPR. Please have a look there and tell us EXACTLY which grounds for TPR were issued.

There are seven grounds for TPR:

1. Abandonment.
2. Failure to Provide Parental Support./there is clear and convincing evidence that a parent has substantially and repeatedly neglected to comply with the duties of a parent such as the duty to provide necessary food, clothing, shelter, education, and other care necessary for the child's physical, mental, or emotional health and development. This only applies if the parent has failed to provide support without good cause/
3. Failure to Provide Financial Support.
4. Unfit Parent/it can be shown that the parent has demonstrated a consistent pattern of specific conduct before the child or of specific conditions directly relating to the parent and child relationship which renders that parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental, or emotional needs of the child. Significantly , there is also a presumption that a parent is unfit if the his/her parental rights were terminated to another child in the past.
5. Foster Care Placement & Continued Parental Problems.
6. Egregious Harm to Child.
7. Conviction of Crimes.

Yes I don't have any convictions.I don't do drugs.I don't have money .the government.put my ansisters on the reservations.so I'm poor.if the government allowed us to stay put .I would be full of money by having .good land.that I would have inheareted.no the whites got that.some of them to probably.had problems getting land.I only make enough to support my familywhich I did for fifteen years with my children.all my older children.whanted to testify in all court hearings.the court apointed atterneys didn't allow it.it was a set up from the getgo.

OK.
Try to contact them;
Southern MN Regional Legal Services (SMRLS) Volunteer Attorney Program /Southeast /
66 East Third, Suite 204 Winona, MN 55987-7266
Phone: 888/575-2954 800/372-8168

They handle cases from Fillmore, but parental rights is not their primary area.