Child chainers may face trial to terminate parental rights
Published 9:21 am Thursday, October 20, 2011
The Dexter couple who chained their now 6-year-old son to his crib may be facing a second trial to terminate their parental rights.
Brian Miller, 34, and Charity Miller, 27, are about three months into a year-long jail sentence on convictions of false imprisonment and malicious punishment. They appeared in Mower County District Court on Wednesday to report on their progress in reunifying with their 6- and 8-year-old sons.
According to court documents, the Millers chained one of their sons to his crib from bedtime until morning every night.
District Judge Fred Wellmann ruled in June the couple will retain their parental rights, but they must continue working to reunify their family and receive counseling before the court will allow the children to return to their care.
In court Wednesday, Assistant Mower County Attorney Aaron Jones recommended that Charity’s parental rights be terminated, although a termination petition has not been filed yet. The recommendation comes from a Mower County Human Services report about Charity’s psychological evaluation; Jones was unable to make a recommendation regarding Brian’s parental rights because his psychological evaluation has not been processed yet.
“It does not appear Charity Miller has … acknowledged the extent of the harm to the children,” Jones said in court.
Jones said Charity’s court-ordered letters of apology were inappropriate. According to Jones, the letter she wrote to her 8-year-old son read: “I am very sorry that you think that Mommy and Daddy did those bad things to you.”
Jones said the letter lacks accountability and that neither parent has shown much accountability for the way they treated their children.
Attorney Tom Lenway, representing the Millers, said Charity’s apology letter was misinterpreted.
“The quotation … is more of a matter of semantics than intent,” Lenway said. “Both Mr. Miller and Mrs. Miller are more than willing to accept the punishment that’s been imposed on them.”Lenway added that both parents are willing to undergo further psychiatric assistance if it means being able to reunify their family.
Todd Schoonover, guardian ad litem for the boys, said he agrees with MCHS’ recommendations. He said he also recommends the children have no contact with their parents until the children’s therapists recommend it.
Wellmann ruled that visitation should only occur if recommended by the boys’ therapist, the Cherokee Nation, Schoonover and MCHS. Charity and one of the children are members of the Cherokee Nation, so a representative of the nation has been involved in all court proceedings.