| C0-92-1672 |
Minn. |
1994-03-11 |
Denied
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In Re ST
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… the appeals process to conclude. While placement could not be made prior to the termination of parental rights becoming final, the Commissioner should have been in a position to make the appropriate placement as soon as the termination beca …
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| No. C0-92-1672 |
Minn. |
1994-03-11 |
Denied
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In re Petition to Adopt S.T.
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… the appeals process to conclude. While placement could not be made prior to the termination of parental rights becoming final, the Commissioner should have been in a position to make the appropriate placement as soon as the termination beca …
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| C4-93-1054 |
Minn. Ct. App. |
1993-11-16 |
Granted
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In Re the Custody of S.E.G.
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… , 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 …
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| C9-93-1289 |
Minn. Ct. App. |
1993-11-02 |
Granted
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In Re the Welfare of A.M.P.
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… 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 …
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| C8-93-425 |
Minn. Ct. App. |
1993-07-27 |
Denied
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In Re the Welfare of J.D.N.
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… Paul’s parental rights be voluntarily terminated? ANALYSIS “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), quoted in In re Welfare of R.T.B., 492 N. …
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| C4-93-34 |
Minn. Ct. App. |
1993-06-29 |
Denied
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In Re the Custody of A.K.H.
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… ch provides: In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child, the Indian custodian of the child and the Indian child’s tribe shall have a right to intervene at any point …
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| No. C4-92-1139 |
Minn. |
1993-02-26 |
Granted
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In re the Welfare of B.M.
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… 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 …
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| C8-92-740 |
Minn. Ct. App. |
1992-11-17 |
Denied
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State Ex Rel. Humphrey v. Alpine Air Products, Inc.
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… cally dependent persons); Minn.Stat. § 260.241, subd. 1 (1990) (grounds for the termination of parental rights must be proven by “clear and convincing evidence”). Here the legislature could have, but did not expressly impose a clear and con …
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| C0-92-828 |
Minn. Ct. App. |
1992-11-10 |
Granted
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In Re the Welfare of R.T.B.
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… 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 …
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| C3-92-290 |
Minn. Ct. App. |
1992-09-15 |
Granted
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In Re the Adoption of M.T.S.
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… 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 …
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| C7-91-1173 |
Minn. |
1992-06-12 |
Granted
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In Re the Welfare of D.L.
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… 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. …
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| C0-91-1869 |
Minn. Ct. App. |
1992-03-17 |
Denied
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In Re the Welfare of S.F.
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… rt order refusing to allow the mother’s private attorney to file a petition for termination of parental rights. FACTS S.F.’s mother brought a motion in juvenile court seeking an order that would allow her private attorney to file a petition …
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| C9-91-879 |
Minn. Ct. App. |
1991-12-03 |
Granted
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Spaeth v. Warren
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… ., 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 …
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| CX-91-809 |
Minn. Ct. App. |
1991-10-29 |
Granted
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In Re the Welfare of B.J.J.
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… 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 …
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| C2-90-2219, C9-90-2220 |
Minn. Ct. App. |
1991-05-28 |
Denied
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In Re the Welfare of J.S.
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… female J.S. was also provided. On January 8, 1990, MacBean filed a petition for termination of parental rights as to all three children. She alleged that, despite the continued efforts of the Bureau of Social Services, both parents had fail …
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| C1-90-882 |
Minn. Ct. App. |
1991-01-22 |
Dismissed
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In Re the Welfare of M.S.S.
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… in M.S.S.’ best interests. In January 1989, however, she said she believed that termination of parental rights was in M.S.S.’ best interests based upon the fact that the parents had made no efforts in the interim toward rehabilitation. She …
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| C3-89-1218 |
Minn. |
1990-11-02 |
Dismissed
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In Re the Welfare of M.D.O.
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… e county claimed recent legislation creates a rebuttable presumption supporting termination of parental rights where a parent is convicted of causing the death of another of the parent’s children. Act of May 8, 1990, ch. 542, § 15, 1990 Min …
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| C4-89-1860, C3-89-1865 |
Minn. Ct. App. |
1990-04-24 |
Denied
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In Re the Welfare of B.W.
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… its burden of proving, beyond a reasonable doubt, the allegations necessitating termination of parental rights as required by the ICWA. We reverse and remand. FACTS On October 18, 1981, B.W. was born to Sharon Goose and Cornelius Walker. Go …
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| C3-89-1218 |
Minn. Ct. App. |
1990-03-22 |
Affirmed
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Matter of Welfare of Mdo
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… tation, constitute, as a matter of law, statutory grounds sufficient to require termination of parental rights? DISCUSSION The standards of review in termination cases are well settled: (1) Standards emanate from the statutory preference to …
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| C1-89-259 |
Minn. |
1990-03-16 |
Dismissed
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In Re Estate of Braa
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… of appeals, relying on Minn.Stat. ch. 260 (1988) and case law involving modern termination of parental rights statutes, reversed the probate court. Where * * * neither the legislature nor the courts have expressly provided for the severanc …
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| C8-89-663 |
Minn. Ct. App. |
1989-10-24 |
Granted
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Matter of Welfare of NMC
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… 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 …
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| C8-88-2676 |
Minn. Ct. App. |
1989-08-08 |
Granted
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In Re the Welfare of D.C.M.
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… , 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 …
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| No. C1-89-259 |
Minn. Ct. App. |
1989-06-27 |
Reversed
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In re Estate of Braa
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… ent, the court held that no rights of inheritance remained with the child after termination of parental rights under the act. Unlike the Georgia statute, the Anderson decision does not address what effect termination of parental rights has …
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| C2-88-1684 |
Minn. Ct. App. |
1989-03-21 |
Affirmed
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In Re the Welfare of M.M.
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… ellant frames the issue, this appeal does not present a question concerning the termination of parental rights. The trial court properly terminated the parental rights of M.M.’s mother. The sole issue in this case is the legality and propri …
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| C6-88-876 |
Minn. Ct. App. |
1989-01-26 |
Granted
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Durkin v. Hinich
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… 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 …
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| C2-88-566 |
Minn. |
1989-01-06 |
Remanded
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In Re the Welfare of J.G.W.
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… consistent with the medical findings. The parents, in the face of the threat of termination of parental rights, asserted their privilege against compelled self-incrimination. We held that the *886 trial court’s order, to the extent it direc …
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| C9-87-1672 |
Minn. |
1988-07-01 |
Denied
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In Re the Welfare of C.K.
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… , (4), (5), and (7) (1986). 5 In passing upon the sufficiency of a petition for termination of parental rights, the juvenile court must evaluate whether the parents are “presently able” to assume child care responsibilities. In re Linehan, …
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| C1-87-1522 |
Minn. Ct. App. |
1988-04-26 |
Denied
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Matter of Welfare of Sn
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… hat nothing further could be done to enable the return of the children and that termination of parental rights would give them the permanent placement in a stable home which they need. Bertha 0. questions the evidentiary support for these f …
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| C8-87-688, C2-87-783 |
Minn. Ct. App. |
1987-12-08 |
Affirmed in part
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In Re the Welfare of J.H.D.
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… anuary 7, 1986. His target release date is May 2, 1988. An amended petition for termination of parental rights was dated May 22, 1986. At the hearings October 7, 8, 28 and 29, documentary evidence was introduced about the parents and their …
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| C2-87-878 |
Minn. Ct. App. |
1987-12-08 |
Affirmed
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In Re the Welfare of D.C.
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… arental rights under Minn. Stat. § 260.221 (b)(2), (4), (5), (7). ISSUE Was the termination of parental rights based on clear and convincing evidence under Minn. Stat. § 260.221 (b)(2), (4), (5), (7)? *917 ANALYSIS The scope of review of th …
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| C9-87-165, C5-87-194 |
Minn. |
1987-12-04 |
Affirmed
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In Re the Welfare of J.W.
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… ly its implementation, that triggers the Fifth Amendment. It is true, too, that termination of parental rights would not be automatic if the parents refuse to cooperate with the court-ordered treatment plan, but that refusal would be a subs …
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| C8-87-335 |
Minn. Ct. App. |
1987-10-13 |
Dismissed
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In Re the Welfare of D.I.
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… of A.H., 402 N.W.2d 598, 602 (Minn.Ct.App.1987). Trial courts should not permit termination of parental rights except for grave and weighty reasons, and must find that one or more conditions under the statute support termination. In re Welf …
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| CX-87-14 |
Minn. Ct. App. |
1987-09-22 |
Denied
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In Re the Welfare of G.B.N.
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… of appellant’s failure to comply with the April 11 order, another petition for termination of parental rights was filed on April 3, 1986. At the time the children were first placed in foster care, they were nervous, edgy and insecure. J.S. …
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| C6-87-334 |
Minn. Ct. App. |
1987-09-08 |
Affirmed
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In Re the Welfare of N.C.K.
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… ndition while at St. Peter Hospital, County Human Services filed a petition for termination of parental rights. At the hearing on the petition the trial court was advised that the children’s father, D.M., would not appear and that he would …
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| No. C8-87-108 |
Minn. Ct. App. |
1987-08-25 |
Denied
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Welfare of R.L.M. v. Moon
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… ondent Larry Green, a Watonwan County mental health worker, filed petitions for termination of parental rights on the children. The county court issued a summons and notice of hearing, setting October 20, 1981 for the hearing. The human ser …
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| C8-86-1670 |
Minn. Ct. App. |
1987-08-11 |
Affirmed
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In Re the Welfare of M.M.D.
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… ild is neglected and in foster care. Minn.Stat. § 260.221(b)(2), (4), (5), (7). Termination of parental rights must be justified by clear and convincing evidence. In re T.M.D., 374 N.W.2d 206, 211 (Minn.Ct.App.1985). The law presumes the na …
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| C4-86-1617 |
Minn. Ct. App. |
1987-07-14 |
Granted
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In Re the Welfare of M.A.
|
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… 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 ( …
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| C2-87-315, C6-87-382 |
Minn. Ct. App. |
1987-06-16 |
Denied
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In Re Welfare of M.J.L.
|
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… it was no longer appropriate to work with Gale on reunification. A petition for termination of parental rights was filed. Gale did not attend the June 15, 1986 hearing and later claimed she did not have notice of it. Barthell indicated noti …
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| C9-86-1743 |
Minn. Ct. App. |
1987-06-02 |
Granted
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In Re the Welfare of M.G.
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… 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 …
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| No. C3-86-1365 |
Minn. Ct. App. |
1987-05-05 |
Dismissed
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Simpson v. Walker
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… y 29, 1986). Chapter 260 provides for temporary placement of children. Prior to termination of parental rights, legal custody can be awarded under chapter 260 only to the county welfare board or a child placing agency. Minn.Stat. § 260.-191 …
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| C3-86-1365 |
Minn. Ct. App. |
1987-05-05 |
Dismissed
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In Re Custody of EAQD
|
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… y 29, 1986). Chapter 260 provides for temporary placement of children. Prior to termination of parental rights, legal custody can be awarded under chapter 260 only to the county welfare board or a child placing agency. Minn.Stat. § 260.191, …
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| C1-86-1316 |
Minn. Ct. App. |
1987-03-17 |
Denied
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In Re the Welfare of A.H.
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… children will be best served by placement outside of the parental home and that termination of parental rights is a necessity in this ease.” In May 1985, Dr. DeVries re-evaluated the children and reported satisfactory progress, although the …
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| C6-86-1179 |
Minn. Ct. App. |
1987-03-10 |
Granted
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In Re the Welfare of R.I.
|
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… 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 …
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| C0-86-691 |
Minn. Ct. App. |
1987-02-03 |
Granted
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Nicholson v. Maack
|
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… 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 …
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| C6-86-534 |
Minn. Ct. App. |
1986-11-25 |
Affirmed
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In Re the Welfare of J.L.L.
|
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… f the court, were not made to correct the situation leading to the petition for termination of parental rights. We affirm. FACTS J.L.L. was born on July 12, 1980, at which time his mother was 22 years old. His adjudicated father was then 37 …
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| CO-86-237 |
Minn. Ct. App. |
1986-11-04 |
Stayed
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In Re the Welfare of B.L.W.
|
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… ly and convincingly sustain the trial court’s order of termination? ANALYSIS In termination of parental rights proceedings, the petitioner has a heavy burden of proving by clear and convincing evidence that there are statutory grounds for i …
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| C3-86-474 |
Minn. Ct. App. |
1986-10-28 |
Stayed
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In Re the Welfare of J.J.L.B.
|
|
… th or on the child by another is not admissible in evidence in a proceeding for termination of parental rights unless the proponent of the statement notifies the other parties of his intention to offer the statement sufficiently in advance …
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| C2-86-112 |
Minn. Ct. App. |
1986-10-07 |
Affirmed
|
In Re the Welfare of C.D.
|
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… ISSUE Does the evidence sustain the court’s order of termination? ANALYSIS In a termination of parental rights, the trial court must make clear and specific findings which conform to the statutory requirements. In the Matter of the Welfare …
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| C8-85-119, C9-85-131 |
Minn. |
1986-08-08 |
Granted
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In Re the Welfare of J.W.
|
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… 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. …
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| C7-86-11 |
Minn. Ct. App. |
1986-07-15 |
Modified
|
Matter of KMT
|
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… nating parental rights. See In re Welfare of Chosa, 290 N.W.2d 766 (Minn.1980). Termination of parental rights should not be ordered except for "grave and weighty reasons." In re Welfare of J.J.B., 369 N.W.2d 593, 598 (Minn. Ct.App.1985) (c …
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