The Boerners were Ignored during a Relative Search and were denied their legal right to adopt their Neice by Nicollet County Department of Human Services.
An Introduction to the Boerner's story may be found here
Boerner's homepage: Holmes City
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF BLUE EARTH FIFTH JUDICIAL DISTRICT
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In the Matter of the Out-of-Home Placements PETITION OF CITIZENS
FOR AN ORDER CALLING A
of A. A. S., a minor child and now a ward GRAND JURY AND APPOINTING
A SPECIAL PROSECUTOR
of the State of Minnesota, by the Blue Earth
No.__________________
County Department of Social Services
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TO THE JUDGES OF THE SAID COURT, GREETING:
Come now your petitioners, respectively Bruce and Sara Boerner, husband and wife, resident in Douglas County, and citizens of the State of Minnesota, and together, under the law as pronounced in State ex rel. Wild v. Otis, 257 N. W. 2d 361 at 364-365 (Minn. 1977), your petitioners show this honorable Court the following particulars, to wit:
1. A. A. S. is a minor child, to wit: the daughter of Aimée Summer by Paul Boerner, born in Blue Earth County, State of Minnesota, on December 21, 1997.
2. Your petitioner Bruce Boerner is the brother of the said Paul Boerner, and thus the paternal uncle of the said minor child. Your petitioner Sara Boerner is the paternal aunt of the said minor child by virtue of her marriage to your petitioner Bruce Boerner.
3. The parental rights of Aimée Summer and Paul Borner to the said minor child were terminated by decree of the Nicollet County District Court on October 27, 2003, in proceedings originally commenced before the said court December 18, 2002, and including an adjudication on January 14, 2003, that the said child was in need of protection.
4. Pending at the present time before the Nicollet County District Court are child welfare proceedings and two distinct petitions for adoption of the said child, all consolidated and assigned to Hon. Warren Litynski, Judge, by order of the Minnesota Supreme Court entered on March 30, 2004.
5. However, it appears in an addendum to a report of the guardian ad litem for the said minor child, the same dated July 22, 2003, that, upon release obtained from the said Aimée Summer, the Blue Earth County Department of Social Services arranged three out-of-home placements of the said minor child, initially from September 8 through 15, 2000, again from August 18 through September 8, 2001, and still again from September 17 through December 14, 2001.
6. Furthermore, it appears from a search of records in the Blue Earth County District Court that no proceedings have ever been commenced in that court to authorize out-of-home placements of the said minor child, nor was any search ever made with respect to these placements for individuals related to the said minor child by blood, marriage, and adoption, as plainly required by Sections 260C.2l2, Subds. 1, 2, and 5, and 260C.178, Subd. 7, of Minnesota Statutes, originally enacted in Minnesota Laws of 1999, Chapter 139, Article 3, Sections 19 and 26, and subsequently amended from time to time thereafter. The duty to conduct such search and to prepare and submit a plan for such placements within 30 days of voluntary release by the parent for judicial approval and supervision is a mandatory, nondiscretionary, ministerial duty provided by law. Moreover, failure of a public officer or employee to carry out such a duty, if known to him or her, within the time provided by law, is a gross misdemeanor under Section 609.43(1) of Minnesota Statutes. All are presumed to know the law.
7. Section 628.61(3) of Minnesota Statutes makes it the duty of every grand jury in every county to investigate possible criminal misconduct of public officers and employees within the county. In view of the particulars recited hereinabove, it is the duty of the Blue Earth Grand to investigate the question whether anyone in or advising the Blue Earth County Department of Social Services might be indictable under Section 609.43, either as a principal or an accessory.
8. Your petitioners aver that the incumbent Blue Earth County Attorney, who ordinarily would be required the attend any grand jury investigating the subject matter hereof as provided in Section 388.051, Subd. 1(d) of Minnesota Statutes, has a conflict of interest, since his office regularly interacts with, advises, and represents the Blue Earth County in matters of child protection, and so conceivably might be called as a witness in the investigation sought hereby. A special prosecutor can be appointed by formal order entered on the minutes of the court under Section 388.12 of Minnesota Statutes to act in place of the incumbent county attorney, whenever the incumbent county attorney has a conflict of interest. See, e. g., Keiver v. Koochiching County, 169 N. W. 254 at 256 (Minn. 1918).
9. Your petitioners likewise will arrange for and file proof of service upon the Blue Earth County Attorney incumbent before filing this petition with all papers contained in the appendix hereof, in keeping with the judicial policy of this States. See, e. g., Matthews v. Lincoln County, 97 N. W. at 101 (Minn. 1918).
10. Under Rule 18.01 of the Minnesota Rules of Criminal Procedure a district judge has power to call a grand jury whenever the public interest requires.
11. Your petitioners are entitled to a hearing of this petition under the due process clause of Article I, Section 7 of the Minnesota Constitution of 1974, and Amendment XIV of the United States Constitution, and Canon 3(A)(7) of the Minnesota Canons of Judicial Conduct.
WHEREFORE, your petitioners pray that this honorable Court appoint a special prosecutor, in lieu of the Blue Earth County Attorney, being an independent lawyer experienced in criminal law and free of any strict or practical conflict of interest, practicing outside either Blue Earth County or Nicollet County, and not representing the State of Minnesota at any level of government, to attend within a reasonable time the next session of the Blue Earth County Grand Jury, or to attend a special session thereof within 60 days, to investigate the facts and circumstances of the said placements of the said minor child, and to make a report thereupon, including no bills or indictments, whichever be appropriate. In the event that any doubt exists as to the propriety of the foregoing request, your petitioners pray for a hearing in open court or in chambers, enabling them to offer evidence in support of this petition. Your petitioners pray further that, in any event, a final order or judgment be entered, subject to appeal, if not under Rule 103.03(a), then under Rule 103.03(e) of the Minnesota Rules of Appellate Procedure.
Dated:__________________________ ____________________________________________
For and in behalf of
JOHN REMINGTON GRAHAM (#3664X)
180 Haut de la Paroisse
St-Agapit, Comté de Lotbinière
Québec G0S 1Z0 , Canada
Telephone 418-888-5049, and
LOUISE ANNE BRUCE (#215740)
790 Cleveland Avenue South, Suite #204
St. Paul, Minnesota 55116-1958
Telephone 699-0611
Counsel for the petitioners
ACKNOWLEDGEMENT
The petitioners acknowledge through their undersigned counsel that sanctions may be imposed pursuant to Section 549.211 of Minnesota Statutes.
Dated:__________________________ ____________________________________________
For and in behalf of
JOHN REMINGTON GRAHAM (#3664X)
180 Haut de la Paroisse
St-Agapit, Comté de Lotbinière
Québec G0S 1Z0, Canada
Telephone 418-888-5049, and
LOUISE ANNE BRUCE (#215740)
790 Cleveland Avenue South, Suite #204
St. Paul, Minnesota 55116-1958
Telephone 699-0611
Counsel for the petitioners