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Family Law Keyed to Weisberg
In Re D.L
Facts
D.L., born July 12, 1989, was the third child born during the marriage of Debra L. and Jonathan L. D.L. was placed in the care of appellants, her foster parents, a few days after birth. D.L. Debra, and respondent grandparents are African-American, the foster parents and father are not. Debra’s two other daughters live with the grandparents, who have legal custody. Respondents first learned of D.L.’s existence in August of 1989 when Debra called and told them. Debra refused to give any further information. Debra visited respondents several months later and they urged her to get the baby and live with them. In February 1990, respondents learned that Debra was in jail and contacted her. She assured them that D.L. was with good people and she would get her back. In June 1990 Debra told respondents that if she could not get out of jail she was going to lose D.L. Respondent grandmother traveled to Minneapolis to look for D.L., and was able to locate her through the placeme nt agency. Within a few weeks respondents notified the adoption unit that they wished to adopt D.L. The court held a hearing on the issue of if there was good cause not to approve respondents as D.L.’s adoptive parents under the relative preference of the State Minority Adoption Act (Act). A social worker testified as to her favorable study of respondent’s home and the positive relationship between respondents and their children and grandchildren was confirmed by D.L.’s guardian ad litem. Appellants testified that they had a profound love for D.L. and that D.L. was deeply attached to them. The court upheld the constitutionality of the Act and granted the respondents’ petition for adoption based on a finding of D.L.’s best interests.
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