(Download) "In Re Welfare of the Child of: B.J.-M." by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: In Re Welfare of the Child of: B.J.-M.
- Author : Supreme Court of Montana
- Release Date : January 21, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The Hennepin County Human Services Department (the County) filed a petition to terminate parental rights in relation to minor child T.W. The petition listed B.J.-M. as the childs mother and named her as a party to the proceeding, but did not name the childs father, H.W., as a party. Instead, H.W. was listed as the alleged father and therefore only a participant in the litigation. On the first day of the scheduled trial on the termination of B.J.M.s parental rights, however, H,W. appeared in the action for the first time and acknowledged that he and B.J.-M. had previously signed a recognition of parentage form pursuant to Minn. Stat. § 257.75 (2006), and that H.W. was therefore T.W.s legally recognized father. Although never named as a party, either by amendment to the existing petition or execution of a new petition, H.W. subsequently participated in a full adversarial trial, and the juvenile court ordered the termination of his parental rights. The Minnesota Court of Appeals affirmed. Based on our supervisory power to enforce the rules governing juvenile court proceedings, and in the interests of justice, we reverse the termination of H.W.s parental rights and remand to the juvenile court for further proceedings.
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