In re the Welfare of the Child of J.L.L.
2011 Minn. App. LEXIS 82
| Minn. Ct. App. | 2011Background
- J.L.L. gave birth to K.L.L. on May 3, 2010, prompting an expedited TPR petition by Morrison County Social Services.
- The county previously sought termination of J.L.L.’s rights to her first three children, which had resulted in presumptive palpable unfitness after involuntary terminations.
- In 2010, during the TPR trial, J.L.L. consented to voluntary termination; the court did not issue a termination order at that hearing.
- On September 22, 2010, J.L.L. revoked her consent in writing before any termination order was entered, claiming she felt pressured and did not understand what she signed.
- The district court later permitted J.L.L. to withdraw her consent; the county challenged, and an evidentiary hearing followed.
- In February 2011 the district court found that J.L.L. rebutted the presumption of palpable unfitness and denied the county’s petition to terminate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether withdrawal of consent was permissible | J.L.L. timely withdrew before any termination order. | Withdrawal after good cause cannot occur once termination is ordered. | Yes; withdrawal permitted before termination order. |
| Whether J.L.L. rebutted the presumption of palpable unfitness | J.L.L. demonstrated fitness through sobriety, services, and progress with KL.L. | County contends the presumption required clearer proof of fitness. | Yes; evidence supported rebuttal of the presumption. |
| Whether the district court properly denied termination based on best interests | Best interests favored keeping J.L.L. as KL.L.’s caregiver given stable environment and bonding. | County argues criteria for best interests were not satisfied and termination was warranted. | Yes; best interests favored not terminating. |
Key Cases Cited
- In re Welfare of K.T., 327 N.W.2d 13 (Minn. 1982) (prior court-ordered termination requires fraud/duress/undue influence to vacate)
- In re Welfare of L.A.F., 554 N.W.2d 393 (Minn. 1996) (we defer to trial court on credibility and weight of evidence)
- In re Welfare of Ch. of W.L.P., 678 N.W.2d 703 (Minn. App. 2004) (termination standards; caution in appellate review)
- In re Welfare of D.L.R.D., 656 N.W.2d 247 (Minn. App. 2003) (presumption of palpable unfitness; burden on parent to rebut)
- In re Tanghe, 672 N.W.2d 623 (Minn. App. 2003) (require findings on child's best interests; remand for missing rationale)
- In re Welfare of S.E.P., 744 N.W.2d 381 (Minn. 2008) (evidence standard and deference to trial court on factual findings)