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MATTER OF WELFARE OF J.A.K.

A17-1072.

907 N.W.2d 241 (2018)

In the MATTER OF the WELFARE OF the Child of: J.A.K. and J.M.S., Parents.

Court of Appeals of Minnesota.

Filed January 26, 2018.

Attorney(s) appearing for the Case

Dorothy M. Gause , Dorothy M. Gause, LLC, Stillwater, Minnesota (for appellant-mother J.A.K.).

Anthony C. Palumbo , Anoka County Attorney, Kathryn M. Timm , Assistant County Attorney, Anoka, Minnesota (for respondent County of Anoka).

Gretchen Severin , Munstenteiger and Severin, P.A., Anoka, Minnesota (for respondent-father J.M.S.).

Pamela Boyer , Ramsey, Minnesota (guardian ad litem).

Considered and decided by Bratvold, Presiding Judge; Ross, Judge; and Johnson, Judge.

OPINION

The district court terminated a mother's parental rights to a newborn child on the ground that the mother is presumed to be palpably unfit because her parental rights to another child previously had been terminated. We conclude that the district court erred by applying the statutory presumption after the mother...

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