1

STATE OF MINNESOTA

IN SUPREME COURT

A22-1065

A22-1066

Court of Appeals Thissen, J.

Took no part, Procaccini, J.

In the Matter of the Welfare of the 

Children of: G.A.H. and S.T., Parents (A22-1065).

In the Matter of the Welfare of the 

Children of: S.T. and A.D., Parents (A22-1066). Filed: December 13, 2023

Office of Appellate Courts

________________________

Angela J. Sonsalla, Perham, Minnesota, for appellant.

Kathleen J. Schur, Assistant Otter Tail County Attorney, Fergus Falls, Minnesota, for 

respondent.

Mallory K. Stoll, Blahnik, Prchal & Stoll, PLLC, Prior Lake, Minnesota;

Natalie Netzel, Mitchell Hamline School of Law, Saint Paul, Minnesota; and

Brooke Beskau Warg, Hennepin County Adult Representation Services, Minneapolis, 

Minnesota, for amici curiae Institute to Transform Child Protection and Hennepin County 

Adult Representation Services.

John L. Lovasz, Assistant Chisago County Attorney, Center City, Minnesota for amicus 

curiae Minnesota County Attorneys Association.

________________________
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S Y L L A B U S

A parent who failed to appear for the final day of a multiple-day termination of 

parental rights trial is not entitled to reversal of the district court’s order refusing to 

continue or reschedule the trial to allow the parent to testify, offer additional witnesses and 

cross-examine witnesses when, notwithstanding the parent’s argument that this violated 

her procedural due process rights, the parent failed to carry her burden of showing prejudice 

such that the outcome of the trial was materially affected.

Affirmed.

O P I N I O N

THISSEN, Justice.

Appellant S.T. appeals from an order issued under Minnesota Rule of Juvenile 

Protection Procedure 18.02 terminating her parental rights to one child and permanently 

transferring physical and legal custody of two additional children. Rule 18.02 allows entry 

of a default order terminating parental rights following nonappearance by a parent if the 

petition is proved by clear and convincing evidence.

1

 Here, after appearing at the first 

several days of trial, S.T. did not personally appear for a rescheduled trial date. Instead, 

she called court administration during the proceeding. Trial proceeded in her absence 

pursuant to Minnesota Rule of Juvenile Protection Procedure 18.01, which provides, in 

1 In In re Welfare of Child of H.G.D., we explained that Rule 18.02 does not result in 

entry of a true default judgment because it does not permit entry of judgment solely on the 

parent’s failure to appear; rather, county social services must still prove the allegations in 

the petition by the applicable standard of proof. 962 N.W.2d 861, 870 (Minn. 2021) 

(“[T]he district court could not simply accept the allegations in the County’s petition as 

true when mother failed to appear for the pretrial hearing.”).
3

pertinent part, that “the court may receive evidence in support of the petition or reschedule 

the hearing” if a parent fails to appear for a trial after proper service. The district court 

refused to continue or reschedule the trial, S.T. was not permitted to testify, and her counsel 

was not permitted to call witnesses or cross-examine the guardian ad litem. We conclude 

that S.T. has not shown that the district court’s refusal to continue or reschedule the hearing 

resulted in prejudice warranting reversal.

FACTS

S.T. is the mother of three children, T.J.D., T.A.D., and T.F.T. G.A.H. is the father 

of T.F.T. A.D. is the father of T.J.D. and T.A.D. This appeal arises from a petition to 

terminate S.T.’s parental rights filed by Otter Tail County (the “County”).

Otter Tail County District Court terminated S.T.’s parental rights to T.F.T. and 

involuntarily transferred permanent legal and physical custody of T.J.D. and T.A.D. to their 

father, A.D., on June 15, 2022. As discussed in more detail below, this termination and 

transfer occurred 681 days after the children were first removed from S.T.’s care. The 

decision followed a multiple-day trial that occurred over several months. The start date of 

the trial was reset twice and the proceeding was continued three times. The record shows 

that none of these scheduling delays were the fault of S.T. or her counsel.

The petition to terminate S.T.’s parental rights followed several months of efforts 

to maintain the family relationship between S.T. and the three children. A Children in 

Need of Protection or Services (CHIPS) petition was filed on August 3, 2020, based on an 

allegation that S.T. had repeatedly struck T.J.D. in the head with her closed fist. All three 

children were removed from the care of S.T. and G.A.H. Following an emergency 
4

protective care hearing on August 21, 2020, the district court found that the children would 

be endangered if released to the care of S.T. and G.A.H. In September 2020, the County 

filed out-of-home placement plans for all three children based on concerns for the children 

including a lack of stable housing and means to cover household expenses without the 

likelihood of eviction; chemical use; and S.T.’s limited capacity to provide adequate 

supervision to the children and meet their physical, medical, and educational needs. S.T. 

denied the allegations in the CHIPS petition. Following a hearing on November 17, 2020, 

all three children were adjudicated in need of protection or services under Minn. Stat. 

§ 260C.007, subd. 6(2)(i), 6(2)(ii), and 6(8) (2022), and the out-of-home placement plans 

were adopted.

On January 19, 2021, the district court conducted a permanency progress review

hearing after which the district court extended jurisdiction over the matter for an additional 

180 days. In the summer of 2021, the County filed a petition to terminate the parental 

rights of G.A.H. to T.F.T. While that petition was pending, the children were returned to 

S.T.’s home on July 8, 2021, for a trial home visit. The visit was officially terminated on 

September 20, 2021.

On October 1, 2021, the County first petitioned to involuntarily terminate S.T.’s 

parental rights to T.F.T. The County proceeded by amending its earlier, still-pending 

petition to terminate the parental rights of G.A.H. The County served S.T. with the 

termination of parental rights papers on November 5, 2021. She denied the allegations on 

November 17, 2021.
5

S.T.’s trial was initially set to begin jointly with the trial on the petition to terminate 

G.A.H.’s parental rights on November 29 and 30, 2021. But a number of events resulted 

in the trial’s delay. The district court reset the November 2021 trial dates, explaining that 

“the parties . . . requested that the Court not bifurcate the permanency trials of [G.A.H.] 

and [S.T.] and did not believe there would be sufficient time . . . for [S.T.] to be ready for 

trial.” Trial was rescheduled for January 18, 2022. It was subsequently rescheduled for 

March 21, 2022, after a 300-page-plus disclosure was made by the County on the Friday 

prior to the January trial date which was scheduled for the following week.

2

Trial began on March 21, 2022. At that time, the parties and court agreed that the 

County would present its case first, G.A.H. would present his case next, S.T. would present 

her case after G.A.H., and the court would take evidence from the guardian ad litem after 

all parties rested.3

 The district court noted that it expected the trial to take 31⁄2 days.

2 The County has suggested that S.T. was responsible for the continuance in January 

2022. We are not convinced by that characterization. All parties appeared for trial on 

Tuesday, January 18, 2022, the day after the Martin Luther King, Jr. Day holiday. S.T.’s 

counsel informed the court that he had received a 328-page disclosure from the County on 

the previous Friday. He emailed the disclosure to S.T. who had read one fourth of the 

document by the morning of trial. In its order granting a continuance, the district court did 

not assign fault to either party for the County’s delivery of additional disclosures so close 

to the trial date but observed that the consequence was that “neither the parents’ attorneys 

nor the parents are ready to proceed to trial. As a result, the [c]ourt believes that proceeding 

to trial would implicate, if not violate, the parents’ right to effective assistance from their 

attorney.”

3 The court of appeals stated that S.T. “had ample opportunity to testify at trial from 

March 21 to March 24, 2022, and at the continued trial on April 4 and April 5, 2022. It 

was due to mother’s own trial strategy that she did not do so until the last day of trial on 

June 1, 2022, when she failed to appear.” In re Welfare of Children of G.A.H., Nos. 

A22-1065, A22-1066, 2023 WL 2565105, at *4 (Minn. App. Mar. 20, 2023). We find 

nothing in the record to support this characterization of the facts.
6

During its case-in-chief, the County called nine witnesses and introduced 

72 exhibits. It rested on the afternoon of March 24, the third day of trial. Expressing 

concern that it could not complete the case in the remaining allotted time, the district court 

continued the trial until April 5. Thereafter, the district court judge contracted COVID and 

could not hold trial on April 5, so the trial was continued to May 10 and 11. Due to 

G.A.H.’s health problems, the trial was not recommenced on May 10 or 11, and the district 

court continued the trial to June 1 and 2. 

S.T. appeared for every trial date before June 1. But S.T. was not present for trial

on the morning of June 1, and, when the case was called, S.T.’s counsel had no information 

about her whereabouts.4

 The County requested that the district court rule that S.T. had 

failed to appear for trial and proceed in her absence in accordance with Minn. R. Juv. Prot. 

P. 18.01.5

 Observing that the court had reserved time for the trial on both June 1 and 

June 2, S.T.’s lawyer requested a 11⁄2 hour continuance until after lunch to reach out to S.T. 

and assess the situation.

The district court stated that generally a continuance to after lunch “would be the 

most prudent approach.” But the court found that S.T. failed to appear for trial without 

4 G.A.H. also was not present for trial on June 1, 2022.

5 Minn. R. Juv. Prot. P. 18.01 provides that “if a parent . . . fails to appear for . . . a 

trial after being properly served . . . the court may receive evidence in support of the 

petition or reschedule the hearing.”
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“adequate cause.”6

 Accordingly, the district court decided to proceed with the testimony 

of the guardian ad litem and then closed the case at the end of June 1. In so doing, the court 

suggested the possibility that S.T. could not arrive in time to hold trial on the afternoon of 

June 1 and that insufficient time was left on June 2 to complete the case.7

The trial proceeded with the testimony of the guardian ad litem. Near the end of the 

County’s direct examination of the guardian ad litem, the district court learned from the 

clerk that S.T. had called court administration. The district court asked the clerk to get 

S.T.’s phone number so her lawyer could contact her and the direct examination of the 

guardian ad litem continued. When it was over, the district court refused to allow counsel 

for S.T. and G.A.H. to cross-examine the guardian ad litem, reasoning that “your client’s 

not here, so at this point, I don’t believe you have the ability to cross-examine, so I’m not 

going to allow cross-examin[ation] from any party that hasn’t appeared in the matter.” 

G.A.H.’s lawyer objected and the district court took a recess to allow S.T.’s counsel to 

speak with her.

Court reconvened with S.T. present by phone. S.T.’s counsel explained that S.T. 

was uncertain as to the date and time the trial was being resumed and although she had

6 The record shows that S.T. had notice of the June 1, 2022, in-person trial date. S.T. 

was present at the May 11, 2022, hearing at which the court orally continued trial to begin 

June 1, which the court made clear would be in person. S.T.’s lawyer received written 

notice that trial would recommence on June 1. And the same written notice was sent to 

S.T. by general delivery mail at the Wheaton, Minnesota address that S.T. had provided to 

the court.

7 The district court judge noted that he had other commitments on June 2. In addition, 

the record discloses that the County’s lawyer was scheduled for a week-long vacation 

beginning June 3.
8

attempted to contact counsel for that information several times, she was unable to reach 

him. The district court did not recognize S.T.’s phone presence as an appearance.8

S.T.’s lawyer requested that the district court set a time for S.T. to testify. The 

district court denied the request. It reasoned that it would have been “more flexible” had 

the nonappearance occurred earlier in the trial, but that the evidence could not be received 

in the time remaining for trial on the following day and that the matter was well past all 

deadlines (“we’ve gone almost a third of the year just trying to complete this trial”). The 

district court noted that S.T. had other ways to find out whether the trial was proceeding 

on June 1 and found that a miscommunication with counsel about the trial date was not 

sufficient to justify S.T.’s nonappearance. The court closed the trial on June 1, 2022.

On June 15, 2022, the district court entered an order terminating S.T.’s parental

rights to T.F.T. on two bases: (1) reasonable efforts have failed to correct the conditions 

leading to the child’s placement outside of the home, and (2) the child is neglected and in 

8 The trial transcript does not show that S.T.’s lawyer requested that S.T. be allowed 

to testify by phone and there was no discussion between the parties and the district court 

concerning the appropriateness of permitting S.T. to testify by phone on June 1, 2022. 

Nonetheless, the district court found in its written order terminating S.T.’s parental rights 

that the County did not agree to allow S.T. to appear by phone and there were no

exceptional circumstances warranting such an appearance pursuant to Minn. R. Juv. Prot. 

P. 11.02. Rule 11.02 provides that “[b]y agreement of the parties, or in exceptional 

circumstances upon motion of a party or the county attorney or on the court’s own

initiative, the court may hold hearings and take testimony by telephone or interactive 

video.” Notably, S.T. has not argued before this court that her phone call constituted an 

appearance or that she should have been permitted to testify by phone pursuant to Minn. 

R. Juv. Prot. P. 11.02.
9

foster care. See Minn. Stat. § 260C.301, subd. 1(b)(5), (b)(8) (2022).9 The district court

found that S.T. had not established a safe and stable environment for the children—she 

lacked permanent housing and was unemployed at the time of the trial—and that these 

conditions were unlikely to change in the foreseeable future. The district court further 

found that S.T. did not effectively and honestly communicate with the County and other 

service providers. In addition, the district court found evidence that S.T. used drugs at 

times during the out-of-home placement, that she became overwhelmed when all of the 

children stayed with her for several weeks in the summer of 2021, and that the children 

were filthy at the end of the home visit. The district court also reviewed and approved of

the efforts of the County to assist S.T. in resolving the conditions that led to the 

out-of-home placement and reunify her with the children. It further determined that no 

additional services would be likely to bring about lasting parental adjustment enabling a 

return of the child to the parent within an ascertainable period of time. Finally, the district 

court found that termination of S.T.’s parental rights was in the best interests of the 

children.

The court also involuntarily transferred permanent legal and physical custody of two 

of the children, T.J.D. and T.A.D., to their father, A.D., after finding that “[a]ll of the 

9 The district court also found that the County failed to establish by clear and 

convincing evidence that termination of S.T.’s parental rights was justified under some 

grounds contained in Minn. Stat. § 260C.301, subd. 1(b) (2022). See id., subd. 1(b)(2) 

(stating that parental rights may be terminated if a “parent has substantially, continuously, 

or repeatedly refused or neglected to comply with the duties imposed upon that parent by 

the parent and child relationship”); 1(b)(4) (stating that parental rights may be terminated 

if a “parent is palpably unfit”); 1(b)(6) (stating that parental rights may be terminated if “a 

child has experienced egregious harm in the parent’s care”).
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reasons supporting the termination of [S.T.’s] parental rights to [T.F.T.] support finding 

that the transfer of custody to [A.D.] is in the children’s best interests.” See Minn. Stat. 

§ 260C.515, subd. 4 (2022).

S.T. moved for a new trial, arguing that procedural irregularities had deprived her 

of a fair trial. See Minn. R. Juv. Prot. P. 21.04 (listing grounds for a new trial). In support 

of her motion, S.T. argued that trial should not have proceeded in her absence, that she 

should have been permitted to testify and to call witnesses, and that her counsel should 

have been allowed to cross-examine the guardian ad litem. Together with her motion, S.T. 

filed an affidavit outlining testimony she had intended to introduce at trial. The district 

court denied S.T.’s motion.

S.T. appealed and the court of appeals affirmed. In re Welfare of Children of 

G.A.H., Nos. A22-1065, A22-1066, 2023 WL 2565105, at *3–5 (Minn. App. Mar. 20, 

2023). This court granted S.T.’s petition for discretionary review.

ANALYSIS

The questions before us are whether the district court’s refusal to allow S.T. to 

testify, cross-examine the guardian ad litem, or call other witnesses—because S.T. did not 

appear for trial on June 1, 2022—violated S.T.’s constitutional right to procedural due 

process under the Fourteenth Amendment to the United States Constitution or Article I, 

Section 7, of the Minnesota Constitution and, if it did, whether the violation materially 

affected the outcome of the trial so as to require reversal. Although we have serious 

constitutional concerns about the district court’s refusal to continue the trial to allow S.T. 

to testify, cross-examine the guardian ad litem, and call other witnesses, we ultimately do 
11

not decide whether a constitutional violation occurred here. Instead, we hold that if the 

district court’s refusal to continue to the trial violated S.T.’s constitutional rights, the 

violation did not materially affect the outcome of the trial so as to require reversal.

A.

We begin with a brief overview of the relevant procedural requirements for 

termination of parental rights cases set forth in Minnesota statutes and rules.10 The 

Minnesota Rules of Juvenile Protection Procedure are intended, in part, to “ensure due 

process for all persons involved.” Minn. R. Juv. Prot. P. 1.02(b). This background purpose 

is critical because all parents have a fundamental right to the “care, custody, and control” 

of their children and termination of parental rights permanently deprives a parent of that

due-process-protected liberty right. Troxel v. Granville, 530 U.S. 57, 65 (2000) (plurality 

opinion) (describing “the interest of parents in the care, custody, and control of their 

children” as “perhaps the oldest of the fundamental liberty interests recognized by [the 

United States Supreme Court]”); see also SooHoo v. Johnson, 731 N.W.2d 815, 820 

(Minn. 2007) (“A parent’s right to make decisions concerning the care, custody, and 

control of his or her children is a protected fundamental right.”); Lassiter v. Dep’t of Soc. 

Servs., 452 U.S. 18, 27 (1981) (characterizing the significant interest in the parent-child 

relationship as “plain beyond the need for multiple citation”). Accordingly, the parent has 

a “commanding” constitutional interest in an accurate and just termination decision.

10 S.T. does not facially challenge the constitutionality of the statutes or rules 

governing the procedures in child protection cases; her challenge is to the way those rules 

were applied to her in this case.
12

Lassiter, 452 U.S. at 27.

11 Further, because “the State has an urgent interest in the welfare 

of the child, it shares the parent’s interest in an accurate and just decision.” Id.

Minnesota Statutes § 260C.163, subd. 8 (2022), and the Rules of Juvenile Protection 

Procedure provide procedural protections to ensure that parents are not erroneously 

deprived of their fundamental right to a relationship with their children. These protections 

include the right to be heard, to present evidence, and to cross-examine adverse witnesses. 

Minn. Stat. § 260C.163, subd. 8; Minn. R. Juv. Prot. P. 32.02; see also In re Welfare of 

J.W., 391 N.W.2d 791, 794 (Minn. 1986) (describing the rights to present evidence, 

witnesses, and arguments and to cross-examine witnesses in a termination proceeding as 

“part of the general guarantees of due process”).

The Rules of Juvenile Protection Procedure also recognize the importance of 

“secur[ing] for each child . . . a home that is safe and permanent” without “unnecessary 

delays in court proceedings.” Minn. R. Juv. Prot. P. 1.02(a), (e); see also Minn. R. Juv. 

11 The United States Supreme Court spoke most strongly about parents’ fundamental 

right and interest in the care, custody, and management of their children in Santosky v. 

Kramer:

The fundamental liberty interest of natural parents in the care, custody, and 

management of their child does not evaporate simply because they have not 

been model parents or have lost temporary custody of their child to the State. 

Even when blood relationships are strained, parents retain a vital interest in 

preventing the irretrievable destruction of their family life. If anything, 

persons faced with forced dissolution of their parental rights have a more 

critical need for procedural protections than do those resisting state 

intervention into ongoing family affairs. When the State moves to destroy 

weakened familial bonds, it must provide the parents with fundamentally fair 

procedures.

455 U.S. 745, 753–54 (1982).
13

Prot. P. 1.02(b) (stating that the Rules of Juvenile Protection Procedure are intended to 

“provide a just, thorough, speedy, and efficient determination of each juvenile protection 

matter before the court” as well as to “ensure due process for all persons involved in the 

procedures”). This is rooted in the “compelling government interest of protecting 

children.” In re Welfare of Child of R.D.L., 853 N.W.2d 127, 134 (Minn. 2014). “We 

require an expeditious resolution of permanency because we will not allow children to 

linger in uncertainty.” In re Welfare of Child of R.K., 901 N.W.2d 156, 162 (Minn. 2017); 

see also In re Welfare of J.R., Jr., 655 N.W.2d 1, 5 (Minn. 2003) (emphasizing that failure 

to adhere to the timelines established in the Minnesota Rules of Juvenile Protection 

Procedure may result in harm to the child).

To that end, we emphasize that district courts must prioritize petitions for 

termination of parental rights on their calendars. Minn. Judicial Council, Minnesota 

Judicial Branch Policy 601: Children’s Justice Policy (2011) (stating that the policy of the 

Judicial Branch is to expedite juvenile protection cases “with the goal of serving the best 

interests of children”); see also Minn. Stat. § 260C.151, subd. 1 (2022) (“The court shall 

give docket priority to any child in need of protection or services or neglected and in foster 

care, that contains allegations of child abuse over any other case.”); Minn. Stat. § 630.36, 

subd. 2 (2022) (stating that child abuse includes acts of neglect or endangerment of a child 

as defined by Minn. Stat. § 609.378 (2022)).

The Rules of Juvenile Protection Procedure and Minnesota Statutes also provide 

specific procedural timelines to ensure that a child is placed in a safe and permanent 

home as expeditiously as possible consistent with due process. For instance, Rule 52.02, 
14

subdivision 4, sets deadlines for when a trial must commence12 and provides that 

“[t]estimony shall be concluded within 30 days from the commencement of the trial, and 

whenever possible should be over consecutive days.” Minn. R. Juv. Prot. P. 52.02, 

subd. 4. Although the rule allows for continuances and adjournments, a continuance or 

adjournment may not exceed 1 week “unless the court makes specific findings that the 

continuance . . . is in the best interests of the child.” Id. (requiring compliance with Minn. 

R. Juv. Prot. P. 5.01, subd. 2, when granting a trial continuance or adjournment); see also

Minn. Stat. § 260C.163, subd. 1(b) (2022) (providing that “[i]n proceedings involving a 

child alleged to be in need of protection or services and for the termination of parental 

rights, hearings may not be continued or adjourned for more than one week unless the court 

makes specific findings that the continuance or adjournment is in the best interests of the 

child”).

In addition, Rule 5.01, subdivision 1, provides that a court should not grant a

continuance that would defeat time requirements set forth in the law for permanency 

decisions. Minn. R. Juv. Prot. P. 5.01, subd. 1 (stating that “the court may continue 

a . . . trial to a later date so long as the timelines for achieving permanency as set forth in 

these rules are not delayed”); see also Minn. R. Juv. Prot. P. 49.01, subd. 2 (stating that 

12 Under Rule 52.02, subdivision 4, trials must commence within 60 days of the first 

admit/deny hearing. S.T. denied the petition for termination of her parental rights on 

November 17, 2021, so 60 days from that date was Sunday, January 16, 2022. Trial was 

first scheduled for November 29 and 30, 2021. That initial trial date was rescheduled for 

January 18, 2022, and again rescheduled for March 21, 2022, 64 days past the trial 

timeline. The propriety of those delays under the Rules of Juvenile Protection Procedure 

are not before us on appeal but—as already noted—those delays are not attributable to the 

actions of S.T.
15

“the court may . . . continue or adjourn a trial to a later date upon written or oral findings 

made on the record that a continuance is necessary for protection of the child, for 

accumulation or presentation of evidence or witnesses, to protect the rights of a party, or 

for other good cause shown, so long as the permanency time requirements set forth in these 

rules are not delayed”).13

These countervailing considerations regarding the parent’s procedural protections 

on the one hand, and the need for an expeditious conclusion of the proceeding for the 

benefit of the child involved on the other, mean that the rules establishing procedural 

protections like the right to be heard, to present evidence, and to cross-examine adverse 

witnesses are not absolute. The Rules of Juvenile Protection Procedure provide that a 

district court may order termination of parental rights without the participation of the parent 

if the parent does not appear for trial after proper service. Specifically, Rule 18.02 

authorizes a district court to enter an order terminating the parental rights of a parent who 

fails to appear for trial “[i]f the [termination] petition is proved by the applicable standard 

of proof.” Minn. R. Juv. Prot. P. 18.02. While an order terminating parental rights under 

Rule 18.02 is referred to as a “Default Order,” the rule requires that the State submit clear 

and convincing evidence to prove that one of the statutory grounds for termination of 

parental rights set forth in Minn. Stat. § 260C.301, subd. 1(b) (2022), exists. See In re 

Welfare of Child of H.G.D., 962 N.W.2d 861, 870 (Minn. 2021) (holding that “the district 

court could not simply accept the allegations in the County’s petition as true when mother 

13 The district court continued the trial three times before June 1, 2022. The propriety 

of those continuances under the Rules of Juvenile Protection Procedure is not before us.
16

failed to appear for the pretrial hearing” because Rule 18.01 requires county social services 

to prove the allegations of the petition); Santosky v. Kramer, 455 U.S. 745, 768–69 (1982) 

(holding that the Due Process Clause of the Fourteenth Amendment requires the grounds 

for termination of parental rights to be proved by clear and convincing evidence).

Importantly, a district court is not required to proceed with a “default” trial if a 

parent does not appear. Rather, Rule 18.01 gives the district court a choice: in its 

discretion, it “may receive evidence in support of the petition” without the participation of 

the parent or it may “reschedule the hearing.” Minn. R. Juv. Prot. P. 18.01.

B.

With this background in mind, we turn to the central question before us: Did S.T.’s 

failure to appear at trial on June 1, 2022, justify, consistent with procedural due process,

the district court’s decision to terminate S.T.’s parental rights without allowing her to

testify, call witnesses in support of her case, and cross-examine the guardian ad litem? We 

first address S.T.’s arguments regarding her failure to appear in person on June 1, 2022, 

and next address whether S.T. has established that she was materially prejudiced by the 

district court’s refusal to continue or reschedule the trial so as to permit her to testify, call 

witnesses, and cross-examine the guardian ad litem.

1.

We first focus on S.T.’s failure to appear in person for trial on June 1, 2022. S.T. 

argues that the district court erred when it determined that her failure to appear in person 

on June 1, 2022, was unjustified and sufficient to trigger the procedures in Rules 18.01 and 

18.02. She asserts that she was not specifically notified that she had to appear in person at 
17

the trial on June 1. Alternatively, she argues that she did “appear” at the trial on June 1 

because her lawyer was present.

S.T. has forfeited these arguments. She made no claim before the district court that 

she did not know she had to appear in person (as opposed to remotely) or that she 

effectively “appeared” for trial through her counsel. See Wesser v. State Farm Fire & Cas. 

Co., 989 N.W.2d 294, 301 (Minn. 2023) (deeming an argument forfeited when not raised 

in the district court). Rather, in the district court and the court of appeals, S.T.

unsuccessfully claimed that she did not have sufficient notice that the trial would 

recommence on June 1 (as opposed to June 2). But she does not make that 

insufficient-notice argument before us.

14

Even though the arguments S.T. does press here are forfeited, we note that the 

district court made clear at the May 11 hearing, which S.T. attended, that the June 1 trial 

would be in person. Written notice sent to S.T.’s attorney advised in bold print “that a 

hearing in the above-entitled matter will take place in court at the following date, time, and 

place” above a box containing the court’s address.

14 In any event, Minnesota Rule of Juvenile Protection Procedure 5.02 provides that 

“[t]he court shall, either in writing or orally on the record, provide notice to the parties and 

the county attorney of the date and time of the continued . . . trial.” The record shows that 

S.T. was present at the May 11, 2022, hearing at which the court orally continued trial to

begin June 1. Review of the transcript of the May 11 hearing shows that the court also 

made clear that the June 1 trial was in person. Further, it is undisputed that S.T.’s lawyer 

received written notice that trial would recommence on June 1. Under Minnesota Rule of 

Juvenile Protection Procedure 9.03, subdivision 1, “if a party is represented by counsel, 

delivery or service [of court orders] shall be upon counsel.” Finally, the record also shows 

that the same written notice was sent to S.T. by general delivery mail at the Wheaton, 

Minnesota address that S.T. had provided to the court. See id. (stating that service may be 

made by U.S. mail).
18

In sum, S.T. has failed to properly offer on appeal any basis for us to determine that 

the district court’s finding that S.T. did not appear at the June 1, 2022, hearing was

erroneous.

2.

As discussed above, if a parent fails to appear for trial, the district court has the 

choice under Rule 18.01 to either reschedule the trial or “receive evidence in support of the 

petition” to terminate parental rights. Minn. R. Juv. Prot. P. 18.01. If the court elects to 

receive evidence in support of the petition and that evidence clearly and convincingly 

establishes one of the statutory grounds for terminating parental rights, it may enter an 

order terminating parental rights. Minn. R. Juv. Prot. P. 18.02. Here, S.T. argues that “the 

trial court’s refus[al] to continue the trial even to the next day” deprived her of “her right 

to be heard and her right to cross-exam[ine] a key witness,” the guardian ad litem. See 

Olson v. One 1999 Lexus MN License Plate No. 851LDV VIN: JT6HF10U6X0079461, 

924 N.W.2d 594, 601 (Minn. 2019) (stating that “[a]t its core, due process requires that the 

procedures used by the government before depriving an individual of his or her ‘protected 

life, liberty, or property interest’ must ‘provide [that] individual with notice and an 

opportunity to be heard at a meaningful time and in a meaningful way’ ” (second alteration 

in original) (quoting Sawh v. City of Lino Lakes, 823 N.W.2d 627, 632 (Minn. 2012)). She 

also argues that the district court’s refusal to allow her counsel to cross-examine the 

guardian ad litem who testified on June 1 or call other witnesses on her behalf rendered the 

trial procedures in this case constitutionally inadequate. “We review questions of whether 

procedural due process has been violated de novo.” Olson, 924 N.W.2d at 601.
19 

i. 

The strong statutory and constitutional preference in termination of parental rights 

cases is to allow parents to have their day in court—to refute the county’s claim that the 

statutory requirements for termination of parental rights have been satisfied and to explain 

the parent’s side of the story. Again, there are few interests more fundamental than a 

parent’s relationship with her child and few government acts more significant than 

terminating that relationship. Santosky, 455 U.S. at 753–54. The consequences of an 

erroneous decision terminating parental rights are serious and, as the United States 

Supreme Court has recognized, the risk of erroneous deprivation in child protection 

proceedings is “magnif[ied].” Id. at 762.15 Indeed, in termination of parental rights cases, 

the State, the parent, and the child all share an interest in getting it right. Recognizing these 

concerns, the Minnesota Legislature has expressly provided that a minor’s parent is 

“entitled to be heard, to present evidence material to the case, and to cross-examine 

witnesses appearing at [a child protection] hearing.” Minn. Stat. § 260C.163, subd. 8; see 

Lassiter, 452 U.S. at 28 (noting that “our adversary system presupposes[ ] accurate and just 

results are most likely to be obtained through the equal contest of opposed interests”). 

15 In Santosky, the Court discussed common characteristics of termination proceedings 

that “magnify the risk of erroneous factfinding,” including (1) a “complex series of 

encounters” between the agency, child, and parents; (2) parents’ vulnerability to decisions 

influenced by economic, social, or cultural bias; (3) the disparity of time, money, and 

expertise between parents subject to termination and the State when preparing for trial; 

(4) the State’s access to expert witnesses, including “professional caseworkers whom the 

State has empowered both to investigate the family situation and to testify against the 

parents”; (5) the State’s ability to “shape the historical events that form the basis of 

termination” when “the child is already in agency custody”; and (6) the ability of the State 

to file repeated petitions if it “initially fails to win termination.” 455 U.S. at 762–63. 
20

Based on these fundamental and critical interests, the fact that S.T. was prevented 

from making her case about why her parental rights should not be terminated is unsettling. 

That fact alone, however, does not resolve the procedural due process claim in the case.

The State—as long as it has provided adequate notice—can condition the right to 

be meaningfully heard at a meaningful time on a party’s compliance with reasonable 

procedural steps. In particular, the United States Supreme Court has observed that a State 

“can, [consistent with due process] enter a default judgment against a defendant who, after 

adequate notice, fails to make a timely appearance.” Boddie v. Connecticut, 401 U.S. 371, 

378 (1971). Although due process requires notice and an opportunity for a hearing 

“ ‘appropriate to the nature of the case,’ ” it “does not . . . require that the defendant in 

every civil case actually have a hearing on the merits.” Id. (quoting Mullane v. Cent.

Hanover Bank & Tr. Co., 339 U.S. 306, 313 (1950)).

As described above, the Minnesota Rules of Juvenile Protection Procedure 

expressly provide that parents who do not appear at trial may have their parental rights 

terminated without the chance to offer their side of the story. Minn. R. Juv. Prot. P. 18.01 

and 18.02. Further, written notice of the June 1, 2022, trial date mailed to S.T. and to her 

counsel, as well as all preceding written notices of hearing in the record, warned S.T. that 

if she failed to appear for the noticed hearing, there could be dire consequences.16 Notices

warned that the court could “conduct the hearing without [her],” “find that the factual 

16 The notice of the June 1, 2022, hearing was sent to the address she had on record 

with the court but it was returned to the court as undeliverable. S.T. does not claim that 

she did not receive earlier notices.
21

allegations and statutory grounds set forth in the Petition have been proved,” and “enter an

order granting the relief requested in the Petition,” including “permanently severing [her] 

parent[al] rights” and “permanently transferring the child(ren)’s legal and physical custody 

to a relative.” Accordingly, the analysis here turns on whether, after S.T. failed to appear 

at the June 1 trial date despite having received notice of the date and the consequences of 

failing to appear, the district court’s choice to consider only the evidence introduced by the 

State—rather than grant S.T.’s request that the trial be continued or rescheduled to allow 

her to testify and to present other witnesses—was constitutional.

17

The district court implicated grave constitutional concerns when it decided to 

proceed under Rule 18.02 rather than granting a continuance to S.T. at the very end of her 

case. Although we generally review a district court’s refusal to continue or reschedule a 

hearing for a future date for abuse of discretion, State v. Smith, 932 N.W.2d 257, 268 

(Minn. 2019), as the United States Supreme Court has recognized, there is a point when “a 

denial of a continuance is so arbitrary as to violate due process.”18 Ungar v. Sarafite, 

376 U.S. 575, 589 (1964). In assessing whether that line has been crossed in a particular 

17 We emphasize that S.T. has not asserted a claim that the Minnesota Rules of 

Juvenile Protection Procedure—and in particular the default rule set forth in Rules 18.01 

and 18.02—are facially unconstitutional. Her claim is that the district court’s decision to 

proceed under Rules 18.01 and 18.02 to close the trial without allowing S.T. to put in her 

case, rather than continuing or rescheduling the trial to a different date, violated procedural 

due process.

18 Correspondingly, the United States Supreme Court also recognized that “[t]he 

matter of continuance is traditionally within the discretion of the trial judge, and it is not 

every denial of a request for more time that violates due process even if the party fails to 

offer evidence or is compelled to defend without counsel.” Ungar v. Sarafite, 376 U.S. 

575, 589 (1964).
22

case, we look at the reasons offered by the party seeking a continuance when the request 

for more time is made. Id. We are also cognizant that “a myopic insistence upon 

expeditiousness in the face of a justifiable request for delay can render [constitutional 

rights] an empty formality.” Id.; see also In re Welfare of T.D.F., 258 N.W.2d 774, 775 

(Minn. 1977) (reversing the district court’s decision, which refused to continue a hearing 

on whether to refer a juvenile for adult prosecution, because “[t]he inconvenience of 

rearranging the court calendar, the rationale advanced by the juvenile court, cannot 

outweigh [the juvenile’s] right to counsel”). In this regard, we emphasize that when 

considering whether a continuance is feasible, juvenile protection cases must take priority 

over other cases on the court’s calendar. See Minn. Stat. § 630.36, subd. 2; see also Minn. 

Judicial Council, Minnesota Judicial Branch Policy 601: Children’s Justice Policy.

Considering those factors here, we are troubled that a significant factor in the district 

court’s decision to refuse to continue or reschedule the trial to a future date to allow S.T. 

to appear and present her case was the time crunch facing that court due to previous delays 

in the case. We recognize that the children had been without a permanent placement for 

nearly 700 days, that over 6 months had elapsed since S.T. had denied the termination of 

parental rights petition, and that more than 30 days had passed since the delayed trial began, 

far exceeding the timelines set forth in statute and rule. See Minn. R. Juv. Prot. P. 52.02, 

subd. 4 (stating that the trial must commence within 60 days of the first admit/deny hearing 

and trial testimony shall be concluded within 30 days from the commencement of the trial). 

These delays plainly run counter to the strong interest in settling on a safe and permanent 

home for the children without unnecessary delay. See Minn. R. Juv. Prot. P. 1.02(a), (e). 
23

But S.T. cannot be held responsible for the delays that occurred before June 1, 2022, 

especially those leading up to, and during, the trial.19 And prior to June 1, all of the parties 

and the court apparently underestimated the time the trial would take.20 Moreover, while 

the district court found that the time allotted for trial on June 2 would be insufficient to 

complete the trial, there is no evidence in the record about whether another trial date was 

available in the following few weeks or, indeed, whether the district court considered that 

option.21 The district court’s apparent insistence upon expeditiousness at the 11th hour of 

the case in the face of an arguably justifiable request for a 1-day further delay thus causes 

us pause.

19 S.T. was not served with the October 1, 2021, petition to terminate her parental 

rights until November 5, 2021. At that time, all parties and the court agreed that S.T.’s and 

G.A.H.’s trial should be held jointly. The trial on the petition to terminate G.A.H.’s 

parental rights set for the end of November 2021 (less than 2 weeks after S.T. denied the 

petition to terminate her parental rights) did not allow S.T. sufficient time to prepare. The 

trial was rescheduled for January 2022. On the last business day before the rescheduled 

trial date, the County served on S.T. over 300 pages of previously undisclosed documents. 

The trial was again delayed.

20 After 3 days of trial in March during which the County put on its case, the trial was 

continued to April 4 and 5, 2022, and then, because the district court judge contracted 

COVID, it was rescheduled again until May 10 and 11, 2022. The May trial dates were 

rescheduled because G.A.H. was medically unfit for trial.

21 Nothing in the record suggests that allowing S.T.’s counsel to cross-examine the 

guardian ad litem would have extended the trial past June 1. We understand that the district 

court felt compelled to deny S.T.’s counsel the chance to cross-examine the guardian ad 

litem because it was proceeding with a “default” hearing under Rule 18.01. Based on our 

resolution of the case, we have no need to, and do not, decide whether the district court’s 

reasoning was correct.
24

But we also consider the fact that S.T. had control over whether to be present for 

the June 1 trial.22 Although we are sympathetic to S.T.’s argument that she showed up for 

every other hearing and trial date before June 1, S.T. offered no reason for not appearing 

on June 1 other than her assertions that she did not have adequate notice of the date and

that she did not understand she had to appear in person; factual assertions that we—like 

the district court and court of appeals—find wanting.

In the end, when faced with a choice to proceed to terminate parental rights without 

allowing the parent to present her case or to continue or reschedule the hearing, a district 

court should make every reasonable effort to allow the parent to present her case without 

causing unnecessary delay in finding a safe and permanent home for the child—especially 

where, as here, the parent has shown up diligently and consistently for previous court 

dates. It is a choice that must be informed in each instance by the profound nature of the 

parent-child relationship and the substantial consequences of erroneously severing that 

relationship. Irrespective of whether the district court’s refusal to continue or reschedule 

22 Both our precedent and that of the United States Supreme Court consider the 

responsibility of the party seeking a continuance for creating the situation leading to the 

need for a continuance. See Ungar, 376 U.S. at 590–91 (observing that the party seeking 

the continuance had time to take steps to hire counsel, obtain needed evidence, and prepare 

for the hearing); State v. Vance, 254 N.W.2d 353, 358–59 (Minn. 1977) (considering 

among other factors that the defendant waited until the eve of trial to substitute counsel); 

State v. Huber, 148 N.W.2d 137, 141 (Minn. 1967) (considering among other factors that 

defendant could have located private counsel in the 3 months he was in custody prior to 

trial); T.D.F., 258 N.W.2d at 775 (concluding the district court abused its discretion in 

denying a continuance where, through no fault of the party, the party’s counsel was 

unprepared and reasoning that the party “should not be made to suffer the consequences of 

failure of representation”); City of Minneapolis v. Price, 159 N.W.2d 776, 780

(Minn. 1968) (holding that “it is reversable error to deny [a continuance] motion when, 

without fault of the defendant, the original defense counsel withdraws on short notice”).
25

the hearing was so arbitrary as to violate due process, and while recognizing that the district 

court’s discretion is broad, we observe that on this record, it is far from clear that the district 

court made the choice we would have made.23

ii.

We ultimately, however, need not reach the question of whether, on these facts, the 

district court’s decision to refuse to reschedule the hearing to allow S.T.’s counsel to 

cross-examine the guardian ad litem and to the reschedule the trial to allow S.T. and her 

other witnesses to testify crossed the line of being so arbitrary as to violate due process. 

Even if we assume—without deciding—that S.T.’s rights were violated by the district 

court’s decision not to grant a continuance, S.T. has not shown prejudice warranting 

reversal.

We have held that a party challenging on constitutional or other grounds a district 

court’s refusal to continue or reschedule a hearing must establish that the party was 

prejudiced in the preparation or presentation of their case so as to “materially affect the 

outcome of the trial.” State v. Vance, 254 N.W.2d 353, 358–59 (Minn. 1977); see also 

State v. Courtney, 696 N.W.2d 73, 81 (Minn. 2005) (stating that the burden is on the party 

23 The court of appeals affirmed the order terminating S.T.’s parental rights for 

different reasons than we do today. The court of appeals determined that the district court’s 

refusal to allow S.T. to testify violated her procedural due process rights to a meaningful 

hearing but then concluded that the denial of a constitutionally meaningful hearing was 

“harmless.” G.A.H., 2023 WL 2565105, at *4. Because we resolve this case by focusing 

on the district court’s decision to refuse to reschedule the trial, we offer no opinion on the 

propriety of the court of appeals’ legal analysis that denial of the right to a constitutionally 

meaningful hearing itself can be harmless.
26

who sought a continuance to show that she was sufficiently prejudiced by the denial of the 

continuance to justify reversal).

In State v. Huber, we said:

The test for determining whether the denial of a continuance was prejudicial 

as a violation of the [party’s] constitutional rights so as to amount to a denial 

of due process requiring reversal . . . is whether the [party] has been in some 

manner embarrassed or prejudiced in preparing his defense so as to 

materially affect the outcome of the trial.

148 N.W.2d 137, 142 (1967). S.T. has not met that burden. S.T. made no proffer sufficient 

to show that the testimony that she would have offered or elicited from others would have 

materially affected the findings and conclusions of the district court for termination, which 

were supported by the evidence.

We start our prejudice analysis by considering the bases upon which the district 

court rested its decision. A district court may involuntarily terminate parental rights only 

if it determines that the County has established by clear and convincing evidence one of 

the statutory grounds for termination set forth in section 260C.301, subdivision 1(b). We 

review the district court’s findings to determine whether they address the statutory criteria 

for termination of parental rights and are not clearly erroneous. In re Welfare of P.R.L., 

622 N.W.2d 538, 543 (Minn. 2001).

The district court concluded that the County proved that reasonable efforts had 

failed to correct the conditions leading to the placement of S.T.’s three children out of the 

home. See Minn. Stat. § 260C.301, subd. 1(b)(5) (providing for termination of parental 

rights if, “following the child’s placement out of the home, reasonable efforts . . . have 

failed to correct the conditions leading to the child’s placement”). Among other things, the 
27

out-of-home placement plan for the three children identified the following concerns about

the lack of a safe and stable environment for the children: lack of stable housing and means 

to cover household expenses without the likelihood of eviction; chemical use; and S.T.’s 

limited capacity to provide adequate supervision to the children and meet their physical, 

medical, and educational needs. The out-of-home placement plan also required S.T. to 

effectively and honestly communicate with the service providers offering assistance to S.T.

In support of its conclusion, the district court found that S.T. had not established a 

safe and stable environment for the children: she lacked permanent housing and she was 

unemployed at the time of the trial.24 It determined that these conditions were unlikely 

to change in the foreseeable future. The district court further found that S.T. did not 

effectively and honestly communicate with the County and other service providers and that 

she repeatedly engaged in triangulation between the social workers and service providers 

who were attempting to help reunify the family. In addition, the district court found 

evidence that S.T. used drugs at times during the out-of-home placement, that she became 

overwhelmed when all of the children stayed with her for several weeks in the summer of 

2021, and that the children were filthy at the end of the home visit.

The district court also reviewed the efforts of the County to assist S.T. in resolving 

the conditions that led to the out-of-home placement and reunify her with the children as 

required by Minn. Stat. § 260.012(a) (2022). It noted that the County made cash assistance, 

24 Although the district court acknowledged that S.T. held intermittent jobs during the 

course of the out-of-home placement, she had to leave her job during the summer of 2021 

when the children were living with her temporarily.
28

food support, and energy assistance referrals on S.T.’s behalf. The County also attempted 

to get S.T. qualified for child-related tax credits; directed S.T. to file applications with local 

county Housing and Redevelopment Authorities and provided lists of rental properties to 

assist S.T. to find permanent housing; provided gas cards, volunteer drivers,

25 and paid for 

repairs to S.T.’s vehicle to meet her transportation needs; referred her to mental 

health providers; provided S.T. a list of daycare providers and applications for childcare 

assistance; and provided extensive visitation services to allow S.T. to remain connected to 

her children. The district court made a specific finding that further efforts would be futile:

The Court finds that there are no additional services that would be likely to 

bring about lasting parental adjustment enabling a return of the child to the 

parent within an ascertainable period of time. None of the multiple social 

workers or the [guardian ad litem] involved in this case identified any 

additional service that they believed could or should have been provided to 

Mother to foster reunification. The Court finds their testimony credible.

Finally, the district court determined that termination of S.T.’s parental rights was in the 

best interests of the children.

Based on our review of the record, the district court’s findings are reasonably 

supported by the evidence and, therefore, are not clearly erroneous. In re Welfare of 

Children of T.R., 750 N.W.2d 656, 660–61 (Minn. 2008) (stating that a finding is clearly 

erroneous if it is either “manifestly contrary to the weight of the evidence or not reasonably 

supported by the evidence as a whole” (internal quotation marks omitted) (quoting Tonka 

25 The district court acknowledged that one of the volunteer drivers’ vehicles was so 

cluttered that S.T. and G.A.H. could not ride together and another volunteer driver talked 

about politics and religion in a manner that made S.T. uncomfortable. But it also found 

that the County reached out to the drivers and addressed the situations.
29

Tours, Inc. v. Chadima, 372 N.W.2d 723, 726 (Minn. 1985))). The findings are grounded 

in the testimony of nine witnesses taken over 7 days of trial, as well as hundreds of pages 

of child protection reports. S.T. stipulated to admission of the child protection reports and

had the opportunity to cross-examine the County’s witnesses as to whether it made 

reasonable efforts to reunify the family and to test each witness’s credibility. Finally, the 

district court’s findings support its conclusion that the County proved that reasonable 

efforts for well over a year had failed to correct the conditions leading to the placement of 

S.T.’s three children out of the home.

Turning to the affidavit S.T. presented in support of her motion for a new trial, we 

now consider whether the district court’s refusal to continue or reschedule a hearing so 

prejudiced S.T.’s preparation or presentation of her defense as to “materially affect the 

outcome of the trial.” See Huber, 148 N.W.2d at 142; Vance, 254 N.W.2d at 358–59. As 

an initial matter, S.T. did not make any offer as to what testimony she would have elicited 

if allowed to cross-examine the guardian ad litem.26 Instead, in her affidavit, S.T. 

explained what she would have said if she had been allowed to testify.27 S.T. also identified 

26 S.T. did not identify in the district court or before us the questions she would have 

asked the guardian ad litem on cross-examination to undermine the guardian ad litem’s 

credibility, challenge her conclusions, or otherwise explain how S.T. believes the district 

court’s refusal to allow her to cross-examine the guardian ad litem impacted the case. 

Based on our review of the record, we have not been able to discern what those questions 

would be. Accordingly, she has not carried her burden of showing how the district court’s 

refusal to allow her lawyer to cross-examine the guardian ad litem materially affected the 

outcome of the trial.

27 In her affidavit, S.T. stated that the information provided was not “exhaustive” but 

instead “just a sampling of the vast information that I would have presented to the Court.” 
30

two other witnesses who would have testified as character witnesses on her behalf. We 

address these in turn.

First, as to the testimony S.T. herself would have offered, she explained why she 

asked for respite during the trial home visit in the summer of 2021. She stated that she had 

arranged to move to a four-bedroom farmhouse but that the arrangement fell through when 

she learned the male landlord would be living with her and her children. She asserted that 

her house was cluttered near the end of the trial home-visit period because she was packing 

in anticipation of a move and the children had made a mess with craft supplies. She also 

averred that she had arranged for two high-school age babysitters to watch the children 

during the day while she worked but the County refused to approve them. She said that 

she had been sober for 13 years and claimed that she only tested positive for THC because 

she used CBD. She noted that a chemical dependency assessment determined she was not 

in need of any treatment or intervention. She identified several parts of the out-of-home 

placement plan with which she complied and claimed that her resource worker was unable 

to provide meaningful assistance because she worked in Otter Tail County and S.T. lived 

in Pope County. She noted problems with volunteer drivers—which, as the district court 

noted, the County had addressed—and claimed that the County failed to provide her with 

gas vouchers. She also claimed that her County case worker was mentally abusive.

S.T., however, bears the burden of proving that the district court’s decision on termination 

would have been materially affected if she had been allowed to testify. We cannot assess 

the impact of potential testimony unless it is provided.
31

Second, as to other testimony S.T. would have elicited, S.T. identified two other 

witnesses who would have testified as character witnesses on her behalf. One witness was

a life-long family friend who was the father of the two girls who would have babysat her 

children. According to the affidavit, the witness “was willing to let his girls stay overnight 

at my house (while I was home) because he trusts me so much and has no concerns about 

the girls’ safety with me.” Further, he “could testify as to what a good person I am and 

how compassionate, loving, and caring I am.” The other witness, also a long-time friend, 

would have testified that S.T. is “a good, loving, appropriate mother to my children over 

years” and that he would “leave his own children with me.”

Critically, nothing in S.T.’s affidavit demonstrates that S.T. had found a home or a 

stable job that would allow her to provide a safe and stable environment for children. 

Nothing in the affidavit refutes the examples of times S.T. was dishonest with, or engaged 

in triangulation between, the social workers and service providers who were attempting to 

help reunify the family. The affidavit does not point to any additional service that S.T. 

believes could or should have been provided to foster reunification. Those facts standing 

alone support the district court’s decision to terminate S.T.’s parental rights.28

28 We acknowledge that the district court had discretion to deny the County’s petition 

for termination of parental rights even though the County clearly and convincingly proved 

that statutory grounds for termination exist. See In re Welfare of Children of J.D.T., 

946 N.W.2d 321, 328 (Minn. 2020) (emphasizing that termination of parental rights is 

always discretionary). Accordingly, the fact that S.T.’s testimony did not address all of the 

factual bases for the district court’s conclusion—i.e., that reasonable efforts had failed to 

correct the conditions leading to the placement of S.T.’s three children out of the home—

is not dispositive. The district court, however, did determine that it was in the best interests 

of the children to terminate S.T.’s parental rights.
32

Consequently, we conclude that even if S.T. and her witnesses had testified as outlined in 

her affidavit, she has not carried her burden to show that testimony would have materially 

affected the district court’s decision to terminate her parental rights.29 This is dispositive 

of her argument for reversal.

CONCLUSION

Therefore, we affirm the decision of the court of appeals.

Affirmed.

PROCACCINI, J., not having been a member of this court at the time of submission, 

took no part in the consideration or decision of this case.

29 For largely the same factual reasons, the district court also found that the County 

clearly and convincingly proved that S.T.’s children were neglected and in foster care. 

Minn. Stat. § 260C.301, subd. 1(b)(8). We need not conduct a separate analysis of that 

determination because if at least one statutory ground alleged in the petition is supported 

by clear and convincing evidence—and if termination of parental rights is in the child’s 

best interests—we will affirm. In re Welfare of Children of R.W., 678 N.W.2d 49, 55 

(Minn. 2004).