Minnesota Appellate Opinions

Published opinions of the Minnesota Supreme Court and Court of Appeals, collated from public records. 65 opinions matched; showing 1–50.

Filtering by: Granted “termination of parental rights” Full archive · 1930–present Limit to last 10 years Clear ×
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A18-0323; A18-0333 Minn. Ct. App. 2018-10-22 Granted In re G. J. Parents F.
… tatutory ground for termination exists, the district court must still find that termination of parental rights ... is in the best interests of the child." K.S.F. , 823 N.W.2d at 668 . In analyzing a child's best interests, the district cour …
A17-1194 Minn. 2018-05-16 Granted In re
… ncy, the parents were unable to provide that permanency, and that she supported termination of parental rights. Before trial, the QEW signed notarized affidavits stating that: (1) "It is in the children's best interests that they be granted …
No. A13-2025 Minn. Ct. App. 2014-04-21 Granted In re the Welfare of the Children of B.M.
… ence of palpable unfitness. We reverse and remand. FACTS This case involves the termination of parental rights of a noncustodial father, appellant C.G., to his daughter, S.O., born August 21, 2011. Appellant is an adult with below-average i …
No. A11-814 Minn. Ct. App. 2011-11-28 Granted In re Welfare of J.W.
… . 1(b)(4) (2010), which is triggered by the existence of a previous involuntary termination of parental rights? ANALYSIS J.W. argues that the district court erred by granting the county’s petition and terminating her parental rights to K.W. …
No. A10-1390 Minn. 2011-10-26 Granted In re the Welfare of R.S.
… ore County District Court under Minn.Stat. § 260C.301, subd. 1(b)(4) (2010) for termination of parental rights with respect to the couple’s sixth child. Under subdivision 1(b)(4) of section 260C.301, a termination of parental rights for pal …
No. A10-2301 Minn. Ct. App. 2011-06-27 Granted In Re Welfare of Children of D.M.T.-r.
… ourts subject-matter jurisdiction over child-custody proceedings, including the termination of parental rights involving a child who is not a United States citizen but who is in Minnesota. And we observe that our conclusion is not inconsist …
Nos. A11-354, A11-355 Minn. Ct. App. 2011-06-27 Granted In re the Welfare of the Child of J.L.L.
… he district court’s orders allowing J.L.L. to withdraw her consent to voluntary termination of parental rights and denying a petition to terminate J.L.L.’s parental rights to K.L.L. Appellants argue that the district court erred by allowing …
A09-1146 Minn. 2010-05-14 Granted In Re the Welfare of J.B.
… rdance with the provisions of section 260C.201 [CHIPS proceedings] or 260C.317 [termination of parental rights proceedings].” Subdivision 22 also provides: “The expenses of legal custody are paid in accordance with the provisions of section …
A09-1818 Minn. Ct. App. 2010-03-16 Granted In Re the Welfare of the Children of A.I.
… s for termination: abandonment and palpable unfitness. The petition stated that termination of parental rights was in the children’s best interests because returning them to either parent was “not possible.” The court transferred custody of …
A07-18 Minn. Ct. App. 2007-07-17 Granted In Re the Welfare of the Children of R.M.B.
… § 1911 (b) (“In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child ..., the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdict …
A06-1217 Minn. Ct. App. 2007-04-03 Granted In Re the Child of Evenson
… grave reasons support custody with a nonparent, like those required to justify termination of parental rights. In re Welfare of P.L.C., 384 N.W.2d 222, 225 (Minn.App.1986). But the presumption of fitness is not invincible. It is merely a p …
A04-2011 Minn. Ct. App. 2006-10-03 Granted State v. Krasky
… and his wife had been terminated some time before the report was received. The termination of parental rights appears to have been based, at least in part, on Krasky’s physical assault of T.L.K. in July 2001, for which he was convicted of …
A03-811 Minn. Ct. App. 2004-01-20 Granted Gerber v. Eastman
… Under the ICWA, a child custody proceeding is limited to foster-care placement, termination of parental rights, pre-adoptive placement, and adoptive placement. 25 U.S.C. § 1903 (1) (2002). In this case, appellant argues that the proceeding …
A03-262 Minn. Ct. App. 2003-09-30 Granted In Re the Children of Wildey
… nt a form to appellant in prison requesting that appellant agree to a voluntary termination of parental rights. Shortly thereafter, appellant responded to the letter stating that he needed more time to contact a family member to take care o …
C3-02-972 Minn. Ct. App. 2003-02-04 Granted In Re the Welfare of D.L.R.D.
… hts is in the best interests of D.L.R.D.? ANALYSIS An appellate court reviews a termination of parental rights to determine “whether the district court’s findings address the statutory criteria and whether those findings are supported by su …
C8-01-52 Minn. 2002-04-18 Granted In Re the Welfare of the Child of L.F.
… the summons notifying L.F. of a September 19, 2000, hearing on the petition for termination of parental rights did not comply with Minn. R. Juv. P. 54.01 because it failed to provide notice to L.F. that her parental rights could be terminat …
No. C5-00-2217 Minn. Ct. App. 2001-09-11 Granted In re A.K.
… district court had to decide A.K.’s status. But the statute also provides: If a termination of parental rights petition is filed before the date required for the permanency planning determination and there is a trial under section 260C.163 …
C5-00-2217 Minn. Ct. App. 2001-09-11 Granted In Re AK
… district court had to decide A.K.'s status. But the statute also provides: If a termination of parental rights petition is filed before the date required for the permanency planning determination and there is a trial under section 260C.163 …
No. C6-00-1500 Minn. Ct. App. 2001-05-22 Granted J.W. ex rel. D.W. v. C.M.
C6-00-1500 Minn. Ct. App. 2001-05-22 Granted Jw v. Cm
C4-93-1054 Minn. Ct. App. 1993-11-16 Granted In Re the Custody of S.E.G.
… , it could have explicitly provided for such a standard just as it did with the termination of parental rights. See 25 U.S.C. § 1912 (f). Moreover, to impose a beyond a reasonable doubt standard would take away the “flexibility” of state co …
C9-93-1289 Minn. Ct. App. 1993-11-02 Granted In Re the Welfare of A.M.P.
… S, Judge. The natural parents of A.M.P. each signed a form entitled “Consent to Termination of Parental Rights and Consent to Adoption.” Appellants, prospective adoptive parents of A.M.P., seek review of the district court’s order allowing …
No. C4-92-1139 Minn. 1993-02-26 Granted In re the Welfare of B.M.
… d decision held that the evidence was insufficient to support the trial court’s termination of parental rights of Larry Tietz in 2-year-old B.M. We granted the petitions of the county and the guardian ad litem for review. Tietz and P.M., th …
C0-92-828 Minn. Ct. App. 1992-11-10 Granted In Re the Welfare of R.T.B.
… may be terminated pursuant to Minn.Stat. § 260.221 (1990). “As a matter of law, termination of parental rights is not a preferred action.” In re Welfare of M.G., 407 N.W.2d 118, 120 (Minn.App.1987). Accordingly, in a proceeding to terminate …
C3-92-290 Minn. Ct. App. 1992-09-15 Granted In Re the Adoption of M.T.S.
… ild are considered consistent with ICWA); Minn.Stat. § 260.221, subd. 4 (1990) (termination of parental rights). Because the state law at issue, Minn.Stat. § 257.025, does not provide a higher standard of protection to the rights of the par …
C7-91-1173 Minn. 1992-06-12 Granted In Re the Welfare of D.L.
… e to turn on the timing of the grandparents’ petition to adopt, relative to the termination of parental rights. This seems to us arbitrary and inconsistent with the “best interests of the child" analysis. …
C9-91-879 Minn. Ct. App. 1991-12-03 Granted Spaeth v. Warren
… ., Minn.Stat. § 259.28 (1990) (adoption); Minn.Stat. § 260.221, subd. 4 (1990) (termination of parental rights); Minn.Stat. § 518.17 (1990) (custody); Minn. Stat. 518.175 (1990) (visitation). Here, however, we find no statutory requirement …
CX-91-809 Minn. Ct. App. 1991-10-29 Granted In Re the Welfare of B.J.J.
… nsed to place children in the State of Minnesota petitioned the trial court for termination of parental rights. The county was not served notice of the hearing and did not appear. The trial court granted the petition and awarded legal custo …
C8-89-663 Minn. Ct. App. 1989-10-24 Granted Matter of Welfare of NMC
… ons available to her. On July 29, 1988, Catholic Charities filed a petition for termination of parental rights. About a month later on August 30, appellant signed an Affidavit of Parental Consent in which she specifically consented to termi …
C8-88-2676 Minn. Ct. App. 1989-08-08 Granted In Re the Welfare of D.C.M.
… , 1988, the trial court granted respondent parents’ petition for *854 voluntary termination of parental rights. Scott County appealed. We affirm. FACTS D.C.M. was bom on July 26, 1973, was removed from the home of his biological parents whe …
C6-88-876 Minn. Ct. App. 1989-01-26 Granted Durkin v. Hinich
… y of S.A.H., not termination of Hinich’s parental rights. Permanent custody and termination of parental rights are not mutually exclusive concepts. Id. Although the purposes of Minn.Stat. ch. 260 may seem inconsistent with an individual’s d …
C4-86-1617 Minn. Ct. App. 1987-07-14 Granted In Re the Welfare of M.A.
… and convincing evidence? ANALYSIS We have recently stated the law applicable to termination of parental rights, as established in legislation and decisions of the Minnesota Supreme Court. See In Re Welfare of M.G. and C.G., 407 N.W.2d 118 ( …
C9-86-1743 Minn. Ct. App. 1987-06-02 Granted In Re the Welfare of M.G.
… to efforts to rehabilitate him as a parent to M.G. and C.G., the county filed a termination of parental rights petition. After a hearing, the trial court issued findings and granted the petition. The court based the termination order on two …
C6-86-1179 Minn. Ct. App. 1987-03-10 Granted In Re the Welfare of R.I.
… WA provides: In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child’s tribe, the court, in the absence of go …
C0-86-691 Minn. Ct. App. 1987-02-03 Granted Nicholson v. Maack
… ng the guardian ad litem. It stated: Inasmuch as [appellant’s] counterclaim for termination of parental rights is presently before this Court, [appellant’s] Motion to vacate appointment of a Guardian ad Litem is denied. The Order appointing …
C8-85-119, C9-85-131 Minn. 1986-08-08 Granted In Re the Welfare of J.W.
… ce. Minn.R.Juv.P. 59.05; See also In Re Rosenbloom, 266 N.W.2d 888 (Minn.1978) (termination of parental rights must be supported by clear and convincing evidence). The state did not rely on the admissions alone for proof that J.W. and A.W. …
C5-85-1616 Minn. Ct. App. 1986-04-08 Granted In Re the Welfare of C.R.B.
… erced or influenced Wood. The trial court expressed its concern over granting a termination of parental rights under these circumstances. Brastad and his attorney once again, however, emphasized Wood’s consent to the termination. The trial …
CO-85-1331 Minn. Ct. App. 1985-12-17 Granted Marriage of Desjarlait v. Desjarlait
… erms of adoption placement, involuntary foster care, preadoptive placement, and termination of parental rights. See 1985 Minn. Laws ch. Ill, § 2, subd. 3. The act explicitly precludes from the act’s coverage custody matters in dissolution p …
C2-85-391 Minn. Ct. App. 1985-10-29 Granted Petition of MG
… luded, however, that mother and stepfather did not prove any of the grounds for termination of parental rights pursuant to Minn.Stat. § 260.221 (1984). Nor did they prove any of the grounds which permit an adoption without the consent of a …
C8-84-1647, C4-84-2178 Minn. Ct. App. 1985-09-13 Granted In Re the Welfare of J.J.B.
… welfare officials that she was moving out. On December 1, 1981, a petition for termination of parental rights was filed. The court granted the petition on March 16, 1982, following a two-day hearing. Appellant’s visitation rights with the …
C8-84-2202 Minn. Ct. App. 1985-08-13 Granted In Re the Welfare of L.M.M.
… ed that the changes were not substantial, and on August 2, 1983, a petition for termination of parental rights was filed. A hearing to terminate appellant’s parental rights was held on November 22 and 23 of 1983. The trial court made detail …
C0-85-194 Minn. Ct. App. 1985-08-06 Granted In Re the Welfare of L.L.N.
… innesota Supreme Court has adopted stringent standards for reviewing orders for termination of parental rights. In Re Welfare of 290 N.W.2d 770 (Minn.1980). The burden of proof is on the petitioner and there is a presumption that a parent i …
C4-84-1743 Minn. Ct. App. 1985-06-25 Granted Marriage of Young v. Young
… most troublesome of all made by the trial court. 2 With the exception of total termination of parental rights or permanent suspension of visitation, it is the harshest sanction which can be imposed upon a parent and upon a child. Of course …
C8-84-1678 Minn. Ct. App. 1985-04-23 Granted In Re the Welfare of T.J.J.
… 221(b)(2), (5), (7) (1984). IV Both G.J. and T.J. testified that they desired a termination of parental rights. This was consistent with the court’s findings in the 1979 dependency and neglect case: G.L. is -very angry at her mother for des …
C9-84-1270 Minn. Ct. App. 1985-03-12 Granted Matter of Welfare of Hillstrom
… ion proceedings. The court found that the sterilization statute was akin to the termination of parental rights in Santosky and held that due process requires clear and convincing evidence to sterilize an individual. Id. at 374, 306 S.E.2d a …
C6-83-2026 Minn. Ct. App. 1985-01-09 Granted In Re the Welfare of P.J.K.
… children only twice between December, 1980, and the filing of the petition for termination of parental rights in February, 1983. Appellant began parenting counseling at a Community Health Care Center, which sessions were discontinued by th …
52081 Minn. 1982-03-05 Granted Matter of RMM
… arental rights to R. M. M. III. On May 7, 1980, the County filed a Petition for Termination of Parental Rights, which E. A. M. then denied. *540 Dr. John Scanlan, the psychiatrist who had treated E. A. M. when she was hospitalized after her …
No. 52081 Minn. 1982-03-05 Granted In re the Welfare of R. M. M.
… arental rights to R. M. M. III. On May 7, 1980, the County filed a Petition for Termination of Parental Rights, which E. A. M. then denied. *540 Dr. John Seanlan, the psychiatrist who had treated E. A. M. when she was hospitalized after her …
50315 Minn. 1980-09-30 Granted Matter of Welfare of Brown
… rprise in this case. 6 Appellant’s contention that the evidence adduced for the termination of parental rights was not clear and convincing must be rejected with respect to the first ground — that she substantially and continuously or repea …
49789 Minn. 1980-03-21 Granted In Re the Welfare of J. W. M.
… J.W.M. The critical issue is whether the trial court’s findings of fact justify termination of parental rights under Minn.Stat. § 260.221(b)(5) (1978). We hold that the findings neither explicitly nor by implication declare, as required, th …