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Children and Juvenile Law, Keyed to Abrams, 8th Ed.
Calgaro v. St. Louis County
Citation:
919 F.3d 1054 (2019)Facts
Anmarie Calgaro is the mother of E.J.K. and three younger minor children. In May 2015, E.J.K. moved out of Calgaro’s home in St. Louis County, Minnesota. Calgaro never surrendered her parental rights over E.J.K. However, E.J.K. obtained a letter from Mid-Minnesota Legal Aid stating that E.J.K.’s parents had “given up control and custody of their child” and concluding that E.J.K. was “legally emancipated under Minnesota law.” Although this letter had no legal effect, E.J.K. presented it to various state agencies as evidence of emancipation. Based on E.J.K.’s claims, St. Louis County provided funding for medical services and living expenses, and E.J.K. obtained gender transition care from Park Nicollet Health Services and prescription medication from Fairview Health Services. Both medical providers believed E.J.K. could consent to treatment under Minnesota law because she was living apart from her parents and managing her personal finances. When Calgaro attempted to obtain E.J.K.’s medical and educational records, the providers and school district denied her requests. Calgaro then filed suit seeking damages and declaratory and injunctive relief.
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