STATE OF MINNESOTA

IN COURT OF APPEALS

A06-2109

In the Matter of the Welfare of the Child of:

T.D., a/k/a T.B., Parent.

Filed May 22, 2007

Affirmed; motion granted

Ross, Judge

Hennepin County District Court

File No. 27-JV-06-6928

Leonardo Castro, Hennepin County Public Defender, Barbara S. Isaacman, Assistant Public Defender, 317 Second Avenue South, Suite 200, Minneapolis, MN 55401 (for appellant T.D.)

Michael O. Freeman, Hennepin County Attorney, C-2000 Government Center, Minneapolis, MN 55487; and

Michelle A. Hatcher, Assistant County Attorney, 525 Portland Avenue, Suite 1210, Minneapolis, MN 55415 (for respondent Hennepin County Human Services and Public Health Department)

Bruce Jones, Lianne C. Knych, Faegre & Benson, LLP, 2200 Wells Fargo Center, 90 South Seventh Street, Minneapolis MN 55402-3901 (for guardian ad litem)

Considered and decided by Ross, Presiding Judge; Toussaint, Chief Judge; and Klaphake, Judge.

S Y L L A B U S

I.                    To overcome the presumption of palpable unfitness in a termination-of-parental-rights proceeding, the parent must introduce evidence that would permit a factfinder to find parental fitness.

II.                 The fact that a party appeals the termination of parental rights does not create an exception to allow this court to consider material on appeal that is outside the record.

O P I N I O N

ROSS, Judge

Thedistrict court terminated T.D.