Judges orders mediation in custody case

While arguments continue to be made in the custody cases involving 10 Cloquet children, Sixth District Carlton County judge Rebekah Stumme made her feelings clearly known Tuesday when it comes to how representatives for the adoptive mothers and those who want the children kept out of their homes are interacting in front of her court.

“Put away the knives,” Stumme said at the end of a hearing concerning petitioner Danielle Martineau — a relative who wants children removed from Dawn Ammesmaki’s care. The judge said she was dismayed by the tenor of the back-and-forth among attorneys and other affiliated parties, which include Carlton County child services and the Fond du Lac Band.

Stumme said the cases should be focused on the children and “not about who is winning and who is losing.” She urged all parties to better communicate with each other in the interest of putting the “children first. I don’t want to give a lecture again.”

While she suggested mediation in the cases a month into the debate about where the children should be placed, petitioners and others balked at the idea. On Tuesday, Stumme ordered that the parties take part in mediation to ease the conflict displayed in her court.

She said all parties need to go into the mediation with a “good attitude.”

The 10 children remain ordered out of the homes of Nicole and Dawn Ammesmaki. The primary issue on Tuesday was on Dawn Ammesmaki’s assessment and therapy since allegations surfaced late last year about abuse in the homes. Her attorney, Jessica Sterle, said her client has done everything asked of her. “What more does my client need to do,” Sterle asked.

The children are also receiving therapy or are scheduled to. That was a condition required in order for supervised visits to occur among the 10 children and the two accused mothers.

There were questions about the nature of Dawn Ammesmaki’s assessment, with those conducting it not aware of the facts of the cases before the courts. Both women refused evaluations from tribal services, citing the convoluted and polarizing nature of the cases.

In January, social media images and video spread regarding purported abuses and created a firestorm in the community, leading to protests at a county building and at the women’s homes. Stumme ordered the children removed in early January.

Rebecca McConkey-Green, who represents petitioner Danielle Martineau, said Tuesday that it was “alarming” that visits were still happening because the Ammesmaki assessment has inaccuracies and is “not reliable.”

Representatives for the Fond du Lac Band agreed, saying they shared psychological assessment concerns. Scott Buchanan said there remains a “rush” by the county to return the children, who he said still needed therapy.

Claire Klein from the county attorney’s office defended the county’s position, saying the longer the children are out of the home, the more damage that could occur. She said the visits are very “protective” and “Dawn has done everything” to get the children home.

Dawn Ammesmaki is requesting the return of four of her children. She is not requesting the return of the oldest child, age 16, who testified about abuse in February and was one of two girls reporting abuse in December.

Melinda Nelms, the guardian ad litem for the children, said she remains against the children returning home until more assessments are made.

Both the women and all of the children in the related cases are Native American, which makes the case even more complicated because of additional protections in the Indian Child Welfare Act, which is the umbrella Nelms works under.

Stumme said she puts a lot of “weight” on the opinions of those looking out for the welfare of Native children. She ordered the children remain removed from the home with visitation and then the mediation.

“There’s more consensus needed to get to the heart of the issues,” Stumme said.

Contention at the hearing increased when McConkey-Greene hinted at the county “going alone” in the visitation process and wondered how involved the band has been. Buchanan said there has been constant contact between the county and the band.

“Nobody is going behind anyone’s back,” Klein said, urging McConkey-Greene to just ask about the process if she has questions. “A phone call will suffice.”

That back-and-forth led to Stumme’s admonition and stress on the need for mediation.

Nicole Ammesmaki’s case will be back in court April 5. The next date for the Dawn Ammesmaki case is May 17.