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MATTER OF WELFARE OF M.D.O.

No. C3-89-1218.

450 N.W.2d 655 (1990)

In the Matter of the WELFARE OF M.D.O.

Court of Appeals of Minnesota.

Review Granted March 22, 1990.

Attorney(s) appearing for the Case

Thomas L. Johnson, Hennepin County Atty., Deonne Parker, Asst. County Atty., Minneapolis, for appellant.

William R. Kennedy, Hennepin County Public Defender, Barbara S. Isaacman, Benjamin A. Pittenger, Asst. Public Defender, Minneapolis, for respondent.

John Fitzgerald, Kuduk, Shoaps & Day, Minneapolis, for guardian ad litem.

Heard, considered and decided by KLAPHAKE, P.J., and PARKER and FOLEY, JJ.

OPINION

PARKER, Judge.

Hennepin County appeals the denial of its petition to terminate the parental rights of Janet Ostlund to her three-year-old son, M.D.O. Ostlund was convicted of second degree murder after intentionally shaking her two-year-old adopted daughter, causing her death. We reverse.

FACTS

Janet and David Ostlund adopted a 15-month-old undersized and developmentally delayed child, Maria, in September 1985. Between then and...

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