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MATTER OF WELFARE OF M.D.O.

No. C3-89-1218.

462 N.W.2d 370 (1990)

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

Supreme Court of Minnesota.

Rehearing Denied November 28, 1990.

Attorney(s) appearing for the Case

William R. Kennedy, Hennepin County Public Defender, Barbara Isaacman, Asst. Hennepin County Public Defender, Minneapolis, for appellant.

Thomas L. Johnson, Hennepin County Atty., Christine R. Curtiss, Asst. County Atty., Minneapolis, for respondent.

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

Heard, considered, and decided by the court en banc.

OPINION

POPOVICH, Chief Justice.

After Janet Ostlund was convicted of the second-degree murder of her adopted daughter, Maria, the Hennepin County Bureau of Social Services petitioned to terminate parental rights between Janet Ostlund and M.D.O., Ostlund's biological child born after the death of the adopted daughter. The trial court dismissed the petition, concluding the county had failed to establish by clear and convincing evidence that Ostlund was palpably...

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