In re Welfare of J.W., 807 N.W.2d 441

Kandiyohi County sought termination of J.W.'s parental rights to newborn K.W. on the ground of palpable unfitness.
A statutory presumption applies that a parent is palpably unfit if their rights to one or more other children were involuntarily terminated.
J.W. introduced 15 witnesses, including her own testimony, attempting to rebut the presumption.
Prior involuntary terminations occurred in 2007 (four children) and 2008 (fifth child); J.W. voluntarily terminated rights to a sixth child in 2009.
District court found J.W. failed to rebut the presumption and terminated rights to K.W.; court did not resolve whether palpable unfitness existed independent of the presumption.
Court reverses and remands for proceedings not inconsistent with this opinion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did J.W. rebut the statutory presumption of palpable unfitness?	J.W. rebutted the presumption with evidence of improved parenting.	County argued the presumption controls and remains unrebutted.	Yes; presumption rebutted; remand for consideration of standalone palpable-unfitness evidence.

In re Welfare of Child of J.L.L., 801 N.W.2d 405 (Minn.App.2011) (rebuttable presumption; burden of production on parent)
In re Welfare of Child of T.P., 747 N.W.2d 356 (Minn.2008) (de novo review for statutory interpretation; reliance on permanency factors)
In re Welfare of D.L.D., 771 N.W.2d 538 (Minn.App.2009) (parent must actively demonstrate fitness beyond services)
In re Welfare of D.L.R.D., 656 N.W.2d 247 (Minn.App.2003) (marshal community resources to prove fitness)
In re Welfare of S.Z., 547 N.W.2d 886 (Minn.1996) (consider permanency of inability to care for child)
In re Welfare of P.R.L., 622 N.W.2d 538 (Minn.2001) (conditions at hearing; continuation of inability to care)
In re Welfare of Children of T.R., 750 N.W.2d 656 (Minn.2008) (criteria for palpable unfitness; focus on present conditions)
In re Welfare of M.D.O., 462 N.W.2d 370 (Minn.1990) (permanent detriment standard)