On Point blog, page 1 of 1
COA: Circuit court properly exercised its discretion in its evidentiary rulings at trial on grounds to terminate parental rights.
State v. D.J., 2025AP1334 and 1335, 9/16/25, District I (one-judge decision; ineligible for publication); case activity
Over the respondent’s evidentiary objections, the COA affirmed the circuit court’s orders terminating D.J.’s parental rights to two of her children.
COA affirms TPR orders, concludes that trial counsel’s performance was not deficient and circuit court properly excluded evidence related to a younger child
State v. M.W., 2025AP2364 &2365 , 9/3/25, District I (ineligible for publication); case activity
M.W. appeals the orders terminating her parental rights to two of her children, “Liam” and “Karen,” and the order denying her motion for postdisposition relief. She argues that her trial counsel was ineffective when by failing object to multiple instances of hearsay, and her due process
rights were violated when the court ruled that she could not introduce evidence at trial that another child remained in her care. COA affirms.
Trial court didn’t deprive parent of right to present evidence at TPR dispositional hearing
State v. Q.M., 2022AP1245, District 1, 10/4/22 (one-judge decision; ineligible for publication); case activity
Q.M. challenges the termination of her parental rights to J.W., arguing the circuit court erred in depriving her of the right to present evidence at the disposition hearing. The court of appeals rejects the challenge.
Directing TPR verdict was harmless error
State v. C.L.K., 2017AP1413 & 2017AP1414, District 1, 10/10/17 (one-judge decision; ineligible for publication), petition for review granted 3/14/18, reversed, 2019 WI 14; case activity
The circuit court directed a verdict in favor of the state during the grounds phase of the TPR proceedings against C.L.K. without allowing him the opportunity to present evidence. The court of appeals agrees this was error, but holds the error was harmless.
TPR court properly excluded evidence offered by parent
State v. C.A.P., 2016AP824, District 1, 7/12/16 (one-judge decision; ineligible for publication); case activity
While § 48.427(1) gives a parent the right to present evidence and be heard at a dispositional hearing, in this case the trial court properly exercised its discretion in excluding two of C.A.P.’s witnesses and denying her request to recall a witness who testified earlier.
Excluding evidence of return of older child harmless in TPR
Jefferson County Department of Human Services v. J.V., 2015AP2622, 2623, & 2624, 4/14/2016, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
J.V. appeals the termination of her parental rights to her three younger children, arguing the circuit court erred in excluding evidence that she had succeeded in having her eldest child returned to her.
TPR – Meaningful Cross-Examination, § 906.11(1)
La Crosse Co. DHS v. Kristle S., 2012AP2005, District 4, 11/21/12
court of appeals decision (1-judge, ineligible for publication); case activity
The parent was given a meaningful opportunity to cross-examine the social worker with respect to conditions for the children’s return, in that the trial court permitted extensive questioning on these issues before instructing counsel to pursue a different line of questioning:
¶17 Our review of the record also demonstrates that Kristle had a meaningful opportunity to impeach Simmons’ credibility.
Prejudicial Error – Exclusion of Expert TPR Opinion Testimony
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.