In re Welfare of P.J.K.

Father (defendant) and Mother were both mentally handicapped and had two children who were also mentally handicapped. After Father and Mother divorced, the children lived with Mother in such horrible conditions that they were adjudicated dependent and placed in a shelter. While the children were in Mother’s care, Father did not show any concern for how the children lived and did not visit them. However, after the children were removed from Mother, Father sought custody. Subsequently, a custody study was performed, which indicated that custody of the children should remain with Hennepin County (plaintiff). The custody study noted Father’s slow rate of learning, his temper, his inability to keep a job, and his limited ability to comprehend his children’s special needs. Father acknowledged the children’s dependency, and a court ordered Father to participate in parenting classes, counseling, a psychological evaluation, and supervised visitation. Father did participate in a group parenting class. However, the psychologist teaching the class recommended that Father cease his participation, stating that the class was of no benefit to Father because he was unable to understand or contribute to class discussions on various topics. Father did not participate in other parenting classes as the psychologist recommended. Additionally, Father verbally abused social workers and the children’s foster parents. For example, during one visit, Father shook his fist at the children’s foster mother because she took a toy from the children that had sharp ends to prevent the boys from possibly injuring their eyes. The children reacted poorly to visits with Father, which occurred rarely, wetting the bed afterward, and the like. Visits had to be suspended altogether after one altercation. After visits resumed, Father went an entire year without seeing the children. It was clear that Father loved the children, but he could not grasp the simplest of parenting skills or provide the type of care the children would need to develop fully, given their mental and emotional handicaps. A juvenile court terminated Father’s parental rights. An appellate court reversed, and the Minnesota Supreme Court granted review.