Mother in custody case charged for alleged abuse

One of the mothers involved in a very public Cloquet child custody case was charged with three counts of malicious punishment of a child last week. Carlton County attorney Lauri Ketola announced Thursday that Nicole Ammesmaki would be charged. Her sister, Dawn Ammesmaki, won’t be charged because the accusation of child abuse against her involve reported instances from three years ago, beyond the statute of limitations.

Ketola also announced that she is also charging a teacher at the Fond du Lac Head Start, Kayla Hansen, for failing to report possible maltreatment of a child.

“This case should serve as a reminder of the critical importance to report suspected child maltreatment,” Ketola wrote in announcing the charges. “And that mandated reporters are required by law to immediately and directly report” such abuse.

Ten children, five in each of the sisters’ homes, were ordered removed from their care in January. There have been a series of custody hearings in Carlton County Sixth District Court regarding the placement of the children. Last week, Judge Rebekka Stumme ordered mediation in the case regarding Dawn Ammesmaki’s children.

A hearing for Nicole Ammesmaki on the criminal charges is scheduled for May 5. A custody hearing in the case of her children had been scheduled for April 5.

“This decision in no way alters the county’s position in the child protection matter,” Ketola said. “Criminal court and child protection court are governed by different laws, legal standards and serve different purposes. The Minnesota child protection system seeks to correct conduct and prevent the breakup of the family. Criminal court seeks to hold individuals responsible for violating criminal laws.”

Claire Klein, child protection attorney for Carlton County, said in a court hearing earlier this month that the county remains committed to returning the children when and if it is deemed the Ammesmakis can provide a safe environment for them.

The 10 children are legally the two women’s children. They have also hosted foster children.

In February, Danielle Martineau struggled to find words to describe how she felt after two of her nieces, who were once in Dawn Ammesmaki’s care but also stayed for a time at Nicole Ammesmaki’s house, told her about abuse and revealed pictures and video in late December. “Horrific stuff,” Martineau said. Martineau has filed a legal petition to have all 10 children removed from the care of the Ammesmaki sisters.

The charges stem from three incidents investigated between March and September of 2020. Each count says there is evidence that Nicole Ammesmaki used “unreasonable force or cruel discipline upon the child that was excessive under the circumstances.” The criminal complaint cites physical abuse from forcing a 10-year-old child to sit outside in a diaper in the sun all day because of toileting accidents and hitting him with a metal spatula. Other alleged incidents include hitting in the head with a television remote and shoe, and pulling a child by the skin on their neck and lifting them by their cheeks.

The charges are gross misdemeanors with a maximum sentence of one year and/or a $3,000 fine.

In the case of Hansen, police said the teacher made a social media post about marks and bruises observed on one of her students. In an interview with police, Hansen, who no longer works at the Head Start program, said she reported her suspicions to her supervisor but no report was on record at the school. As a person with children in her care, Hansen was a mandatory reporter under state law. The misdemeanor charge could bring 90 days in jail or a $1,000 fine, or both.