OLIVIA - The Minnesota Court of Appeals upheld a District Court decision in Renville County to terminate the parental rights of a child, even though it found that the court erred in not appointing an attorney for the father.
The Court of Appeals issued a published ruling on Monday, meaning the findings can be considered in other cases related to a child in need of protection or services.
In this case, the father was frequently incarcerated and was not a custodial parent of the child. The father had legal counsel for two proceedings prior to the hearing which led to the termination of parental rights.
The Court of Appeals considered the father's argument that his parental right should be reversed because the District Court's denial of appointed counsel was based on an error of law.
The Court of Appeals cited three reasons for its decision not to reverse the decision. There had been no appeal to the Court of Appeals for the decision to terminate parental rights. Second, the District Court could have declined to appoint counsel if, as it seems, it felt that "appointment of counsel would be inappropriate for a parent who is repeatedly incarcerated, unavailable to care for the child, and marginally interested in working a case plan."
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And third, the Court of Appeals affirmed the District Court finding that the best interests of the child "would not be advanced by further delay of a safe and permanent placement for him."
