Safety of children disputed in court

More testimony was offered Tuesday in the child custody case that led to protests in January outside the homes of two women accused of abuse.

Sixth District Carlton County judge Rebekka Stumme split the custody cases involving 10 children, five in each home, on Tuesday to avoid confusion in what has become a complicated case involving families in Cloquet and on the Fond du Lac reservation. There have been sharp disagreements among child welfare professionals about the safety of the children after videos and photos showing alleged abuse surfaced late last year.

Tuesday’s online hearing, involving a petition from Danielle Martineau to have five of Nicole Ammesmaki’s children removed from her care, took place online and drew more than 100 people to the screen. Two of the children, relatives of Martineau, are in her care right now. An emergency 72-hour order for the children of Nicole and Dawn Ammesmaki to be removed was issued in early January. The 10 children were allowed to return home for a few days before Stumme ordered on Jan. 18 that they remain in the care of relatives or others until the abuse allegations could be cleared up.

Chad Saylor, a child protection investigator for Carlton County, testified Tuesday that he visited each home while the children returned from Jan. 3 to Jan. 18, and found “no signs of current abuse” after talking to the children and parents. When asked by attorney Adrienne Pearson, who represents Nicole Ammesmaki, if Saylor saw any reason for the children to be removed, he firmly said “no.” Do you think they should be returned today, Pearson asked. “Yes. I do,” Saylor said.

Rebecca McConkey-Greene, who represents Martineau, called her client to testify. Martineau struggled to find words to describe how she felt after two of her nieces, who were once in care at Nicole Ammesmaki’s home, told her about abuse and revealed pictures and video in late December. “Horrific stuff,” Martineau said. One of the children continues to report ongoing abuse, she said.

When the Fond du Lac Band of Lake Superior Chippewa got involved in the case, Saylor was replaced by Melinda Nelms, a guardian ad litem who specializes in cases involving Native children.

She said, “I do continue to feel the children would be in danger,” in direct contrast to Saylor’s view. Nelms said she went through records of the children and talked to teachers and others. She said the children are “resilient” and may have been coached to hide abuse.

The alleged abuse videos and pictures that were spread on social media and sparked the protests last month are more than a year old. The court continues to hear conflicting reports about any abuse that may be ongoing or expected if the children return home.

Judge Stumme said she would take any briefs from the attorneys involved in the next week for a possible ruling on custody. The next court date in the matter of Nicole Ammesmaki’s children was set for April 5.

Stumme said that she finds the cases “messy and confusing,” with family members feuding and professionals sharply divided on what ultimately should be a course for finding out what’s in the “best interest of the children.”

She encouraged the families involved to set up a restorative meeting. “Communication can only make things better, not worse,” she said.