In re H.G.D.
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The Supreme Court reversed the decision of the court of appeals reversing the judgment of the district court finding that Mother's child was in need of protection or services, holding that the district court properly considered the allegations of the petition in this case and that Rice County proved the allegations by clear and convincing evidence.
After Mother failed to appear at a pretrial hearing the County requested to proceed by default pursuant to Minn. R. Juv. Prot. P. 18. The district court granted the request and found that the child in this case was in need of protection or services. The court of appeals reversed, concluding that the juvenile protection rules do not allow for relief in a default proceeding based solely on the pleadings and that the evidence was insufficient to support the adjudication. The Supreme Court reversed, holding (1) the district court could not simply accept the allegations in the County's petition as true when Mother failed to appear for the pretrial hearing; (2) the unrequited witness testimony presented at the hearing established that the allegations of the petition were true and correct; and (3) the court did not err in finding that the child was in need of protection or services.
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