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STATE OF MINNESOTA IN COURT OF APPEALS A09-1818 In the Matter of the Welfare of the Children of: A. I. (Deceased) and M. I., Parents Filed March 16, 2010 Affirmed Crippen, Judge* Hennepin County District Court File No. 27-JV-08-9066 William Ward, Fourth District Chief Public Defender, Peter W. Gorman, Assistant Public Defender, Minneapolis, Minnesota (for appellant M.I.) Michael O. Freeman, Hennepin County Attorney, Mary M. Lynch, Cory A. Carlson, Assistant County Attorneys, Minneapolis, Minnesota (respondent Hennepin County) Rebecca A. Paulzine, Bruce G. Jones, Faegre & Benson LLP, Minneapolis, Minnesota (for respondent Patricia Timpane, Guardian ad Litem Program) Considered and decided by Halbrooks, Presiding Judge; Schellhas, Judge; and Crippen, Judge. SYLLABUS Under Minnesota's governing statute for termination of parental rights, palpable unfitness to be a party to the parent-child relationship cannot be shown solely by a parent's incarceration, but this principle does not preclude a finding of palpable unfitness where the parent is convicted of murdering the child's other parent and will be incarcerated for the remainder of the child's minority.

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Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI,

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