On Point: b. Telephonic appearance

State v. A.M.-C., 2021AP94 & 2021AP95, 3/30/21, District 1 (one-judge decision; ineligible for publication); case activity

The state petitioned to terminate A.M.-C.’s rights to two of her children on failure-to-assume and continuing-CHIPS grounds. After being told (apparently via interpreter, as Spanish is her first language) that she had to attend all hearings, A.M.-C. moved to New York City. The circuit court rejected her request to attend by telephone, found her in default, and after prove-up, found her unfit. It later found termination of her rights to be in the children’s best interest.

Adams County  Health and Human Serv. Dep’t. v. D.J.S., 2019AP506, District 4, 6/20/19 (1-judge opinion, ineligible for publication; case activity

You don’t see defense wins in TPR appeals very often! In this case, D.J.S., the witnesses, the GAL, and counsel for both parties were at the Adams County Courthouse. For unknown reasons,the judge appeared by videoconference from the Marquette County Courthouse. D.J.S. objected, arguing that under §885.60(2) he had a right to be present in the same courtroom as the judge, and he won!

Brown County Department of Human Services v. David D., 2012AP722, District 3, 95/12

court of appeals decision (1-judge, ineligible for publication); case activity

Parent’s appearance by telephone held to satisfy right to “meaningful participation”:

¶10      “A parent’s rights to his or her children are substantial and are protected by due process.”  Waukesha Cnty. DHHS v. Teodoro E., 2008 WI App 16,

Dane Co. DHS v. Johnny S., 2011AP1659, District 4, 12/22/11

court of appeals decision (1-judge, not for publication); for Johnny S.: Dennis Schertz; case activity

¶7        Johnny contends he was not able to meaningfully participate at the trial for three reasons.  First, he appeared by telephone, not videoconference, and he did not waive his right to appear by videoconference.  Second, he could not hear what was being said during trial. 

Kenosha County DHS v. Amber D., 2011AP562, District 2, 8/10/11

court of appeals decision (1-judge, not for publication); for Amber D.: Thomas K. Voss; case activity

Timothy M.’s appearance by telephone, occasioned by his incarceration, didn’t violate his due process right to meaningfully participate in TPR proceedings, Waukesha Cnty. DHHS v. Teodoro E., 2008 WI App 16, ¶10, 307 Wis. 2d 372,

Grant Co. DSS v. Stacy K. S., 2010AP1678, District IV, 10/7/10

court of appeals decision (1-judge, not for publication); for Stacy K.: Donna L. Hintze, SPD, Madison Appellate

The circuit court may take the parent’s admission telephonically at the grounds phase of a TPR; neither § 48.422(7)(a) nor § 807.13 requires physical presence.

¶16      Addressing first the requirements of Wis. Stat. § 48.422(7)(a),  the plain import of the requirement that the court “[a]ddress the parties present” is that the court engage in an on-the-record discussion,

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,