Court File No. County Attorney File No. 24-3597 STATE OF MINNESOTA COUNTY OF ROSEAU DISTRICT COURT NINTH JUDICIAL DISTRICTIn the Matter of the Child/ren of: Destinee Hartung, Mother Erick Hartung, Father Unknown Fathers PETITION TO TRANSFER PERMANENT LEGAL AND PHYSICAL CUSTODY AND/OR TERMINATION OF PARENTAL RIGHTS Petitioner, Rebekah Jones, Roseau County Social Services Department, by and through the undersigned agent, states and alleges the following: 1. The children who are the subject of this petition are: Hunter Davis DOB: 6/9/2018 (6) Skylar Hartung DOB: 8/9/2020 (4) Trip Osborn DOB: 8/28/2023 (1) 2. The parents are as follows: Destinee Hartung, Mother DOB: 1/29/1988 (26) Erick Hartung, Father DOB: 3/1/1999 (25) 3. The Parties and their addresses include the following: Mother (Custodial Parent) Destinee Hartung, 103 1st Street NW, Apt. 101, Climax, MN 56523 Father (Non-Custodial Parent) Erick Hartung, 218 Challenger Drive, Thief River Falls, MN 56701 (father to Skylar, legal father to Trip). Rebekah Jones, Roseau County Social Services Agency, 208 6th St SE, Roseau, MN 56751 Denae Bayne, Guardian ad Litem, 1108 Nordine Street S, Karlstad, MN 56732 Tribe, not applicable Any person entitled to notice of any adoption proceeding of the child 4. The Participants and their addresses include the following: Child: Hunter Davis, Address Confidential Skylar Hartung, Address Confidential Trip Osborn, Address Confidential Grandparent with whom child has lived within prior two years Relatives or other persons providing care for child who request notice Current foster parents Unknown fathers 5. Based upon information now known, the Indian Child Welfare Act does not apply. 6. Petitioner alleges that the following information constitutes grounds for Transfer of Permanent Legal and Physical Custody or in the alternative Involuntary Termination of Parental Rights: On May 28, 2024, Roseau County Social Services received a child protection report pertaining to the children of Destinee Hartung. The report alleged that Skylar, 3 years old at the time, was "found with a used meth pipe in her mouth and weed stuff all over". The reporter also noted that Trip was left crying for hours. The case was opened and the children were located with their maternal grandmother in rural Thief River Falls. Destinee's family also expressed concern that Destinee was using drugs while parenting and had been neglecting the children because of it. On the evening of May 29, 2024, Roseau County Social Services was notified that Destinee had plans to pick up the children from their grandmother's home. We were notified that she had made a comment to family members about picking up her kids and going on the run. Pennington County Sheriff's Department was investigating Destinee for a theft and were at the home that evening. Through the investigation they had found texts on Destinee's phone that supported potential drug use. The text read "Whatever this is it's not shit it won't melt down it won't dissolve and I did a shot with it and my arm is hurting. Not saying it's your fault but this wasn't shit not with it being like this". Due to this, a 72 hour hold was placed on the children for their safety. An Emergency Protective Care hearing was held on June 3, 2024 and the children were placed into the interim custody of Roseau County Social Services. On June 10, 2024, Destinee completed a Comprehensive Assessment. Recommendations were to complete a Level 2.1 Intensive outpatient SUD treatment program, abstain from alcohol/drugs/mood altering substances, enter into and participate in mental health counseling, obtain a valid driver's license, and comply with terms and conditions of her court cases. Destinee did not follow through with the recommendations. On August 23, 2024 an updated Comprehensive Assessment was completed. Recommendations were to complete a Level 3.5 high intensity residential SUD treatment program, abstain from alcohol/drugs/mood altering substances, complete a diagnostic assessment and follow recommendations for therapy and/or medication, and comply with terms and conditions of her court cases. At the time of this petition, Destinee has not followed through with the recommendations. Between May 31, 2024 and November 12, 2024, Destinee continued to have positive drug tests for methamphetamine, amphetamine, and THC. The most recent drug patch results on October 15, 2024, showed the methamphetamine level at 373 ng/mL, which had increased from 342 ng/mL on the previous drug patch. The amphetamine level also showed an increase from 55 ng/mL to 61 ng/mL. THC remained positive in all drug tests performed. A test completed at Pennington County Jail on August 6, 2024 during her arrest on a warrant for theft. Destinee was positive for methamphetamine, amphetamine, THC, and benzodiazepine. On July 10, 2024, Destinee was charged with Theft in Pennington County. On September 17, 2024, Destinee was charged with Theft in Polk County. Throughout the case, Destinee only participated in two visits with the children. The first visit was at the start of the case on June 5, 2024. Destinee was aware that the plan was to have weekly supervised visitation. Destinee failed to cooperate with the case plan/court order, lacked communication, and did not request a visit or phone call with her children until Skylar's birthday in August. Due to her non-compliance and erratic behavior, she was denied the phone call as it was not in the best interest of the children to have contact with her. At the end of August, Destinee was granted another supervised visit as she was set to go to treatment. During the visit, she lacked control of the children, was visibly frustrated, and asked that the visit be ended early. Since that time, she has not requested contact with her children and very rarely asks for updates on them. During the life of the case, Destinee has not maintained stable housing. She has been evicted twice and has primarily resided in a tent. Roseau County Social Services offered assistance in helping to find housing, but Destinee did not accepted assistance and moved to another county. From June through October, Destinee would not supply Roseau County Social Services with a physical address nor location for which she was residing. This included not disclosing where she was camping. Destinee's communication with Roseau County Social Services and the Guardian ad Litem was minimal at best throughout the course of the case. The majority of the communication that did occur was argumentative in nature and was not productive. Additionally, Destinee only met with the Guardian ad Litem and this social worker in person on two occasions during the case. Destinee also did not sign or comply with any of the case plans. Destinee was also provided a separate page of the case plan that specifically outlined her goals for reunification so she could easily identify the requirements. She did not comply with any of the goals outlined in the plans and did not ask for assistance in reaching the goals. Destinee continues to be without a driver's license. Roseau County Social Services paid off Destinee's multiple fines related to driving without a license. Destinee refused further assistance by Roseau County Social Services to assist her in obtaining a valid license. As of today's date, the children have been out of Destinee's custody for a total of 174 days. They continue to thrive in their current environment. 7. The allegations set forth herein support the Transfer of Permanent Legal and Physical Custody Minn. Stat. 260C.515 or in the alternative Termination of Parental Rights under Minn. Stat. 260C.301 Subd. 1(a). The unknown father of Hunter support Termination of Parental Rights under Minn. Stat. 260C.301 Subd. 1(b)(6), in that the child's father is unknown. WHEREFORE, based upon the foregoing, Petitioner requests that the Court transfer permanent legal and physical custody of the children to the relative foster parent or in the alternative involuntary terminate any and all parental rights the parent/s has/have to the above-named child/ren and place the child/ren under the guardianship and legal custody of the Minnesota Commissioner of Human Services. I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. §358.116. Dated: November 19, 2024 By: /s/ Rebekah Jones Rebekah Jones Roseau County Social Services Approved: By: /s/ Kristy Kjos Kristy Kjos Roseau County Attorney 4003550 11/29, 12/6, 12/13, 2024 editions Arizona Capitol Times