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STATE OF MINNESOTA IN SUPREME COURT A07-272 Court of Appeals Anderson, G. Barry, J.

In the Matter of the Welfare of the Child of: B.J.-M. and H.W., Parents. Filed: February 21, 2008 Office of Appellate Courts

SYLLABUS Parental rights to a minor child may not be terminated in the absence of a petition naming the parent as a party to the proceedings. Reversed and remanded. Considered and decided by the court en banc without oral argument. OPINION ANDERSON, G. Barry, Justice. 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 child's mother and named her as a party to the proceeding, but did not name the child's 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 1

pursuant to Minn. Stat.

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