Cited by
Opinions in Minnesota that cite In Re the Welfare of the Child of T.D., 731 N.W.2d 548.
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A17-1336
Minn. Ct. App. 2018
review denied (Minn. July 17, 2007).
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In the Matter of the Welfare of the Child of: J. A. K. and J. M. S., Parents.
Minn. Ct. App. 2018
d actively demonstrate her or his ability to successfully parent a child .’” See J.W., d at 446 (quoting D.L.R.D., d at 251); review denied (Minn. July 28, 2011); D.L.D., d at 544; -56 (Minn. App. 2007); W.L.P., d at 710.
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In the Matter of the Welfare of the Children of: D. W. E. T., Parent
Minn. Ct. App. 2017
A district court’s termination decision must be “based on evidence concerning the conditions that exist at the time of termination.” (quotation omitted).
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In the Matter of the Welfare of the Children of: R. M., Parent.
Minn. Ct. App. 2017
d 548, 554 (Minn. App. 2007); In re the Child of A.S.
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In the Matter of the Welfare of the Child of: A. M. J. and L. W. J., Parents.
Minn. Ct. App. 2017
1(b)(4 ), a parent is presumed to be palpably unfit “upon a showing that the parent’s parental rights to one or more other children were 8 involuntarily terminated.” This court interpreted that to mean that a parent has the burden of producing sufficient evidence to “allow a factfinder to find parental fitness.” (emphasis in the original).
- In the Matter of the Welfare of the Child of: J. B. and R. D. S., Parents Minn. Ct. App. 2017
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In the Matter of the Welfare of the Child of: J. B. and R. D. S., Parents
Minn. Ct. App. 2017
A district court’s decision regarding a termination must be “based on evidence concerning the conditions that exist at the time of termination.” (quotation omitted).
- In the Matter of the Welfare of the Child of: v. R. E., Parent. Minn. Ct. App. 2016
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In the Matter of the Welfare of the Child of: v. R. E., Parent.
Minn. Ct. App. 2016
review denied (Minn. July 17, 2007).
- In the Matter of the Welfare of the Children of: K. Y., Parent. Minn. Ct. App. 2016
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In the Matter of the Welfare of the Children of: K. Y., Parent.
Minn. Ct. App. 2016
It must appear that the conditions giving rise to the termination will continue for a “prolonged, indeterminate period.”
- In the Matter of the Welfare of the Child of: K. C. T. and L. L. T., Parents. Minn. Ct. App. 2016
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In the Matter of the Welfare of the Child of: K. C. T. and L. L. T., Parents.
Minn. Ct. App. 2016
review denied (Minn. July 17, 2007).
- In the Matter of the Welfare of the Children of: L.T.P. and L.V.J., Parents. Minn. Ct. App. 2016
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In the Matter of the Welfare of the Children of: L.T.P. and L.V.J., Parents.
Minn. Ct. App. 2016
A district court’s decision in a termination proceeding must be “based on evidence concerning the conditions that exist at the time of termination.” (quotation omitted).
- In the Matter of the Welfare of the Child of: C. K. W. and G. B. W., Parents. Minn. Ct. App. 2016
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In the Matter of the Welfare of the Child of: C. K. W. and G. B. W., Parents.
Minn. Ct. App. 2016
d 247, 251 (Minn. 2003); -55 (Minn. App. 2007) (concluding that the parent did not present sufficient evidence to support a finding of parental fitness where the parent attended such classes but struggled to feed the child and read the child’s cues).
- In the Matter of the Welfare of the Child of: W. J. C., III, and G. A. C., … Minn. Ct. App. 2016
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In the Matter of the Welfare of the Child of: W. J. C., III, and G. A. C., …
Minn. Ct. App. 2016
When the statutory presumption of palpable unfitness is established by a prior involuntary transfer of custody, the burden shifts to the parent to rebut the presumption by “affirmatively and actively demonstrat[ing] her or his ability to successfully parent a child.” (quotation omitted).
- In the Matter of the Welfare of the Children of: K. M. and K. W., Parents, W. W., … Minn. Ct. App. 2015
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In the Matter of the Welfare of the Children of: K. M. and K. W., Parents, W. W., …
Minn. Ct. App. 2015
review denied (Minn. July 17, 2007).
- In the Matter of the Welfare of the Children of: E. M. U. and W. H. H., Parents. Minn. Ct. App. 2015
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In the Matter of the Welfare of the Children of: E. M. U. and W. H. H., Parents.
Minn. Ct. App. 2015
(holding that, although the district court erred in finding additional statutory grounds for terminating parental rights not alleged by the county, “because at least one statutory ground supports termination in this case, .
- In the Matter of the Welfare of the Child of: P. J. M. and A. D. H., Parents. Minn. Ct. App. 2015
- In the Matter of the Welfare of the Child of: P. J. M. and A. D. H., Parents. Minn. Ct. App. 2015
- In the Matter of the Welfare of the Child of: J. B. T., Parent. Minn. Ct. App. 2014
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In the Matter of the Welfare of the Child of: J. B. T., Parent.
Minn. Ct. App. 2014
“The court must make its [termination] decision based on evidence concerning the conditions that exist at the time of termination and it must appear that the conditions giving rise to the termination will continue for a prolonged, indeterminate period.” (quotation omitted).
- Lakeview Methodist Health Care Center v. Kaci Paradis Minn. Ct. App. 2014
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Lakeview Methodist Health Care Center v. Kaci Paradis
Minn. Ct. App. 2014
(“The court generally will not base its decision on matters outside the record on appeal, and it will not consider matters that were not produced and received in evidence in the district court.”); see also Illinois Farmers Ins.
- In re the Welfare of the Child of J.K.T. 814 N.W.2d 76 Minn. Ct. App. 2012
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In re the Welfare of the Child of J.K.T.
814 N.W.2d 76
Minn. Ct. App. 2012
T.D., (holding that parent waived appellate review of evi-dentiary ruling by failing to object until post-trial motion).
- In re Welfare of J.W. 807 N.W.2d 441 Minn. Ct. App. 2011
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In re Welfare of J.W.
807 N.W.2d 441
Minn. Ct. App. 2011
See id.; *446 see also J.L.L., d at 412 ; review denied (Minn. July 17, 2007).
- In re the Welfare of the Child of J.L.L. 801 N.W.2d 405 Minn. Ct. App. 2011
- In re the Welfare of the Child of J.L.L. 801 N.W.2d 405 Minn. Ct. App. 2011
- In Re the Welfare of the Child of D.L.D. 771 N.W.2d 538 Minn. Ct. App. 2009
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In Re the Welfare of the Child of D.L.D.
771 N.W.2d 538
Minn. Ct. App. 2009
“Under these circumstances, the parent has the burden *544 of rebutting the presumption of palpable unfitness.” d at 250
- In re the Welfare of the Child of B.J.-M. 744 N.W.2d 669 Minn. 2008
- In Re Bj-M. 744 N.W.2d 669 Minn. 2008
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In re the Welfare of the Child of B.J.-M.
744 N.W.2d 669
Minn. 2008
But the court of appeals has expressly held that a court cannot base the termination of parental rights “on a ground that is not stated in a petition to terminate rights.”
- In Re Bj-M. 744 N.W.2d 669 Minn. 2008