Legal Question in Family Law in Minnesota

Re: stoping adoption

I just received your question, and would love to provide a more complete answer, but fear that this forum does not permit enough space to gather the relevant facts. Although I will do my best to provide some guidance below, you should contact an attorney to discuss the matter in more detail. I would be glad to answer your questions about this difficult area of law (in which I do practice). My contact information is below.

The sort of case you describe can be extremely difficult for all parties. The problems for your sister are substantial. If the county is petitioning for a termination of her parental rights, I presume it is because she has failed to comply with treatment goals set up by the court. At the time the children were first removed, she was probably referred to treatment, ordered to remain sober, and ordered to complete other counseling. The court cannot wait indefinitely for her to successfully complete treatment and counseling, or to become sober, all of which were probably ordered as a condition to the return of her the children to her custody. After a period of roughly 12 months, if the children cannot be returned to her custody, the law now requires the county to seek other, permanent placement for the children -- that is, adoption. An adoption requires that the court terminate her parental rights.

I presume your sister has a public defender representing her. If so, your questions should be directed to the PD. You may also want to contact the guardian ad litem (the attorney assigned to represent the children), although I presume the guardian may not be opposing the county's petition.

As I indicated above, I can certainly answer questions you may have about this matter, but would urge you to first consult with her attorney. Termination cases can be enormously complicated, and often involve many parties (the father and his attorney, your sister and her attorney, a guardian ad litem and often an attorney for the guardian, one or more social workers, and a prosecutor). Without knowing more about the procedural history, it is impossible to speculate about the outcome of this matter, or even offer meaningful direction.