Mother Sues as County Gives Teen ‘Sex Change’ Treatment

A Minnesota mother is suing local school and county officials for allegedly attempting to facilitate her teenage son’s “sex change” and usurping her parental rights.

In a lawsuit filed on Wednesday morning, Anmarie Calgaro accused Child Services and education officials in St. Louis County of denying her the right to raise her 17-year old son. The lawsuit also names multiple non-profits that have assisted the minor, identified as only “J.D.K.” in the suit, in claiming legal “emancipation” from his mother.

Calgaro is asking a federal court to revoke the county’s ability to deny her rights as a parent until she has her day in court. She is also demanding access to all records related to J.D.K., as well as attorney fees.

Erick Kaardal, a Thomas More Society Special Counsel and Calgaro’s attorney, told The Stream that J.D.K.’s claim of “emancipation” — that is, providing “a minor child … the same legal rights and obligations as an eighteen year-old adult,” according to Kaardal — is invalid because neither the teen nor state officials have proven Calgaro to be a deficient parent.

“There are no set standards” in the state, explained Kaardal. Emancipation “would be determined case-to-case; if there were a court hearing, the minor would have to prove that the conduct of a parent or parents is such that they have given up control and custody of the minor.” However, “under Minnesota Statute § 144.341, it appears that a minor who is living separate from his parents or guardian — with or without consent — and is managing his personal financial affairs ‘may give effective consent’ to medical services.”

The Stream was unable to reach County Child Services officials or state judicial officials about the state’s view of emancipation.

Kaardal said that “the minor child was simply rebellious at the time” when he claimed emancipation, but that things have improved. “Presently, they are communicating with each other and have visited each other in person. Ms. Calgaro has and continues to encourage J.D.K. to maintain their relationship. Ms. Calgaro has welcomed him home.”

Meanwhile, county taxpayers are on the hook for J.D.K.’s treatment. “Medical services are being paid or approved or both by St. Louis County through related agencies and entities providing the services to J.D.K.,” said Kaardal.

The State Law

The legal basis for the county to facilitate J.D.K.’s “sex change”can be traced back to Minnesota’s Minor’s Consent to Health Service Act passed in 1971. [Minnesota Statutes – Chapter 144, Sections 144.341 – 144.347] Kaardal quoted a March 2006 Minnesota Public Health Association publication as explaining the law was meant to address “the critical and unmet health needs of minors during a time of enormous social change.”

Kaardal further quoted the document:

Changes in family structures and the broadening of the individual rights of minorities, women and children showed that minors were particularly vulnerable if they needed to seek health services. While Minnesota law was silent on the ability of minors to access health services, practitioners declined to see or treat minors without parental consent, fearing potential liabilities. Minors, apprehensive of parental reactions, embarrassment or disrupting family harmony, were not receiving needed health services, often jeopardizing their health and future lives.

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