On Point: B. Constitutional rights

State v. Lavelle W., 2005 WI App 266

Issue: Whether the right of a parent imprisoned  in the federal system to “meaningfully participate” in a TPR proceeding was violated when he was not physically produced in court but, instead, was limited to telephonic participation.

Holding: Where various mechanisms could have been utilized to produce the father yet weren’t attempted, and the telephone hook-up was, under the circumstances,

Brown County v. Shannon R., 2005 WI 160, reversing unpublished opinion

Issue: Whether the circuit court erroneously exercised discretion in precluding expert testimony on the issue of whether the TPR respondent is likely to be able to meet the conditions for return of her children.

Holding:

¶71      The State’s interest in terminating parental rights promptly does not outweigh the requirements of fundamental fairness and Shannon R.’s constitutionally protected due process right to be heard in a meaningful manner.

Dane Co. DHS v. P.P., 2005 WI 32, affirming unpublished decision

Issue: Whether § 48.424(4) (2001-02) on its face violates substantive due process, in failing to require an individualized determination of unfitness as a precondition for termination of parental rights.

Holding: A parent has a fundamental liberty interest at stake in parenting his or her children, and thus the TPR scheme must be narrowly tailored to advance the State’s interest in interfering with that right,