Cited by

Opinions in Minnesota that cite In Re the Welfare of M.D.O., 462 N.W.2d 370.

313 citing documents.

State of Minnesota v. Larry Darnell Lakes Minn. Ct. App. 2015
The doctrine does not apply, however, if “the issue has not yet been 4 litigated or decided at trial or on appeal.”
In the Matter of the Welfare of the Children of: T.W., Parent. Minn. Ct. App. 2015
7 On review of a TPR decision, we “must determine whether the [district] court’s findings address the statutory criteria, whether those findings are supported by substantial evidence, and whether those findings are clearly erroneous.”
In the Matter of the Welfare of the Child of: I. M. W. and R. J. M., Parents. Minn. Ct. App. 2015
In the Matter of the Welfare of the Child of: I. M. W. and R. J. M., Parents. Minn. Ct. App. 2015
suffers from chemical dependency issues.”); (noting “the county’s admitted failure to provide services, counseling, or assistance to aid [the parent] in coming to grips with her conduct”).
In re the Marriage of: Mary Yang v. Chue Fang Minn. Ct. App. 2015
In re the Marriage of: Mary Yang v. Chue Fang Minn. Ct. App. 2015
- 75 (Minn. 1990) (holding that the role of this court is to correct errors, not to find facts).
In the Matter of the Welfare of the Children of: N. M. L. and E. R. L., Parents. Minn. Ct. App. 2015
In the Matter of the Welfare of the Children of: N. M. L. and E. R. L., Parents. Minn. Ct. App. 2015
In the Matter of the Welfare of the Children of: S. W. N. and J. L. P., Parents. Minn. Ct. App. 2014
In the Matter of the Welfare of the Children of: S. W. N. and J. L. P., Parents. Minn. Ct. App. 2014
“Parental rights are terminated only for grave and weighty reasons.”
In the Matter of the Welfare of the Children of: M. S. H. and X. L. H., Parents. Minn. Ct. App. 2014
In the Matter of the Welfare of the Children of: M. S. H. and X. L. H., Parents. Minn. Ct. App. 2014
(noting that “a district court is in a superior position to assess the credibility of witnesses” (); (stating that “[appellate courts] defer to the district court’s determinations of witness credibility and the weight given to the evidence” (citing L.A.F.)), review denied (Minn. Jul.
In the Matter of the Welfare of the Child of: J. S. and M. S., Parents. Minn. Ct. App. 2014
In the Matter of the Welfare of the Child of: J. S. and M. S., Parents. Minn. Ct. App. 2014
Best Interests The child’s best interests are “the paramount consideration in every termination case.” see Minn. Stat. 15 § 260C.301, subd.
State v. Miller 849 N.W.2d 94 Minn. Ct. App. 2014
State v. Miller 849 N.W.2d 94 Minn. Ct. App. 2014
Law-of-the-case doctrine “commonly applies to issues decided in earlier stages of the same case.”
In re the Welfare of the Children of B.M. 845 N.W.2d 558 Minn. Ct. App. 2014
In re the Welfare of the Children of B.M. 845 N.W.2d 558 Minn. Ct. App. 2014
See, e.g., T.R., d at 665 (concluding that appellant-father needed chemical-dependency treatment, but was not unfit to parent); (reversing this court and reinstating the district court’s dismissal of the TPR petition, concluding that the county failed to provide necessary counseling for parent to enable the parent and child to be reunited).
Michaels v. First USA Title, LLC 844 N.W.2d 528 Minn. Ct. App. 2014
Michaels v. First USA Title, LLC 844 N.W.2d 528 Minn. Ct. App. 2014
Because district courts “stand in a superior position to appellate courts in assessing the credibility of witnesses,” -75 (Minn.1990), we give particular deference to factual findings based on witness testimony.
State v. Eichers 840 N.W.2d 210 Minn. Ct. App. 2013
State v. Nicks 831 N.W.2d 493 Minn. 2013
Fain v. Andersen 816 N.W.2d 696 Minn. Ct. App. 2012
Fain v. Andersen 816 N.W.2d 696 Minn. Ct. App. 2012
In re Welfare of J.W. 807 N.W.2d 441 Minn. Ct. App. 2011
In re Welfare of J.W. 807 N.W.2d 441 Minn. Ct. App. 2011
Termination on the ground of palpable unfitness requires a petitioner to prove “specific conditions existing at the time of the hearing that appear will continue for a prolonged, indefinite period and that are permanently detrimental to the welfare of the child.” ().
Citizens State Bank v. Raven Trading Partners, Inc. 786 N.W.2d 274 Minn. 2010
In Re the Welfare of the Children of A.I. 779 N.W.2d 886 Minn. Ct. App. 2010
In Re the Welfare of the Children of A.I. 779 N.W.2d 886 Minn. Ct. App. 2010
ANALYSIS This court reviews termination of parental rights to determine “whether the trial court’s findings address the statutory criteria, whether those findings are supported by substantial evidence, and whether those findings are clearly erroneous.”
In Re the Welfare of the Child of D.L.D. 771 N.W.2d 538 Minn. Ct. App. 2009
In Re the Welfare of the Child of D.L.D. 771 N.W.2d 538 Minn. Ct. App. 2009
Big Lake Ass'n v. Saint Louis County Planning Commission 761 N.W.2d 487 Minn. 2009
Big Lake Ass'n v. Saint Louis County Planning Commission 761 N.W.2d 487 Minn. 2009
In Re the Welfare of the Children of D.F. 752 N.W.2d 88 Minn. Ct. App. 2008
In Re the Welfare of the Children of D.F. 752 N.W.2d 88 Minn. Ct. App. 2008
-75 (Minn.1990) (stating that fact-finding is domain of district court, which is in a “superior position” to assess witness credibility).
In Re the Welfare of the Children of T.R. 750 N.W.2d 656 Minn. 2008
In Re the Welfare of the Children of T.R. 750 N.W.2d 656 Minn. 2008
1(b)(4) (1988), as “onerous”: “The petitioning party must prove a consistent pattern of specific conduct or specific conditions existing at the time of the hearing that appear will continue for a prolonged, indefinite period and that are permanently detrimental to the welfare of the child.” -77 (Minn.1990).
Lynch v. State 749 N.W.2d 318 Minn. 2008
Lynch v. State 749 N.W.2d 318 Minn. 2008
Moreover, Lynch’s postconviction claim is also barred by the doctrine of “law of the case.” This doctrine provides that “‘when a court decides upon a rule of law, that decision should continue to govern the same issues in subsequent stages in the same case.’ ” (quoting Arizona v. California, 460 U.S. 605, 618 , 103 S.Ct.
In re the Child of A.S. 698 N.W.2d 190 Minn. Ct. App. 2005
In Re As 698 N.W.2d 190 Minn. Ct. App. 2005
In Re As 698 N.W.2d 190 Minn. Ct. App. 2005
In re the Child of A.S. 698 N.W.2d 190 Minn. Ct. App. 2005
In Re the Welfare of the Children of J.B. 698 N.W.2d 160 Minn. Ct. App. 2005
In Re the Welfare of the Children of J.B. 698 N.W.2d 160 Minn. Ct. App. 2005
In Re the Welfare of the Child of W.L.P. 678 N.W.2d 703 Minn. Ct. App. 2004
In Re the Welfare of the Child of W.L.P. 678 N.W.2d 703 Minn. Ct. App. 2004
Hebrink v. Farm Bureau Life Insurance Co. 664 N.W.2d 414 Minn. Ct. App. 2003
Hebrink v. Farm Bureau Life Insurance Co. 664 N.W.2d 414 Minn. Ct. App. 2003
-75 (Minn.1990) (stating that the role of an appellate court is to correct errors, not find facts).
In Re the Child of Simon 662 N.W.2d 155 Minn. Ct. App. 2003