Legal Question in Family Law in Minnesota

Family, Juvenile and CHIPs Petition

Case scenario- a mother (we'll call her ''X'') is in the process of losing custody of her children. A CHIPS Petition is in place and a year is almost up. One child (we'll call him ''Y'') is in a foster home. The mother ''X'' has a county appointed attorney because she cannot afford one.

Recently charges have been brought against the biological son (we'll call ''A'') of the foster mother (We'll call ''Z''). The charges are from 3 years ago. The son ''A'' who was 15 at the time had relations with a female foster child that was 13. So 2 minors having consensual sex (this has been proven).

The problem- the county appointed attorney is giving the mother ''X'' of the child in foster care ''Y'' play by play of the case against the foster mom's ''Z'' biological son ''A''. This case has been brought into the CHIPS petition court room of ''X'' and ''Y''.

Is this legal that the 2 cases have crossed and the county attorney is giving the mom ''X'' that has had her children removed from her all of this information that is not relevent to the CHIPS petition? Isn't this a breach of confidentiality or something?


Asked on 4/04/07, 9:05 am

1 Answer from Attorneys
John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: Family, Juvenile and CHIPs Petition

I have reviewed your question and understand the issue. The simple answer is that there is nothing improper, or even unusual, about the manner in which information has been shared by the county attorney with the parties in the two cases. Any fact that may affect a child in a foster placement, whether it relates to the child that has been placed or the foster parent, is potentially relevant to the court in the CHIPS case, and can be shared by the county attorney with the parties and the court. Further, if the relevant information includes matters that are the subject of a separate CHIPS case involving some of the same parties, it is entirely proper to share that information between the parties since it may be relevant in each proceeding.

But more than than, CHIPS cases are no longer confidential, and the proceedings are now deemed public as a matter of law. Thus, even if the relevance of the informaiton being shared is questionable, the mere fact that the information is shared is not a violation of law.

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Answered on 4/04/07, 10:09 am


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