EN BANC CALENDAR

Before the Minnesota Supreme Court

July 2014

SUMMARY OF ISSUES

Summaries prepared by the Supreme Court Commissioner’s Office

Friday, July 11, 2014

Courtroom 300, Minnesota Judicial Center

In the Matter of the Welfare of the Child of: R.D.L. and J.W., Parents – Case No. A13-1820: Parental rights to appellant’s older children were terminated based on clear and convincing evidence that despite reasonable efforts by respondent Hennepin County, the conditions leading to the children’s out-of-home placement had not been corrected.  While the termination proceedings for the older children were pending, another child was born and was later placed in foster care with his siblings.  The district court relieved the County of any obligation to provide reasonable efforts to reunify the family, based on Minn. Stat. § 260C.001, subd. 3 (2012).  The County then filed a petition to terminate the parental rights to the youngest child, relying on the presumption of palpable unfitness based on the termination of parental rights to the older children, Minn. Stat. § 260C.301, subd. 1(b)(4) (2012).  Appellant moved to declare the statutory presumption of palpable unfitness unconstitutional under the Due Process and Equal Protection Clauses of the United States and Minnesota Constitutions.  The district court denied the motion and terminated appellant’s parental rights. The court of appeals affirmed. 

On appeal to the supreme court, the issue presented is whether Minn. Stat. § 260C.301, subd. 1(b)(4), violates the equal protection provisions of the Minnesota and United States Constitutions. (Hennepin County).