On Point blog, page 10 of 10

TPR – Partial Summary Judgment

Marathon County Dept. of Social Services v. Lorie O., 2010AP2351, District 3, 12/21/10

court of appeals decision (1-judge, not for publication); for Lorie O.: Leonard D. Kachinsky; case activity

Summary judgment may be granted as to grounds for TPR, Steven V. v. Kelley H., 2004 WI 47, ¶6; but where the CHIPS order, on which alleged unfitness is premised, fails to set forth conditions for regaining contact with the child,

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TPR – Disposition – “Wishes of the Child”

Dane Co. DHS v. Susan P. S, 2010AP573, District 4, 12/9/10

court of appeals decision (1-judge, not for publication); pro se

Determination of the “best interests of the child” at TPR disposition includes consideration of various factors, including the “wishes of the child.” The TPR court need not hear directly from the child, but may instead take evidence of the child’s wishes from other sources.

Court discusses evidentiary issues that appear to be too inconsequential,

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TPR – Elements, Continuing Need of Protection and Services; Stipulation to Element; Withdrawal of Jury Demand

Walworth Co. DHHS v. Andrea L.O., 2008 WI 46, on Certification

TPR – Elements, Ground of Continuing Need of Protection and Services, Generally

Issue/Holding:

¶6 There are four elements to this ground for termination. First, the child must have been placed out of the home for a cumulative total of more than six months pursuant to court orders containing the termination of parental rights notice.

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TPR-elements, grounds of continuing need or protection and services

Walworth Co. DHHS v. Andrea L.O., 2008 WI 46, on Certification

Issue/Holding:

¶6 There are four elements to this ground for termination. First, the child must have been placed out of the home for a cumulative total of more than six months pursuant to court orders containing the termination of parental rights notice. Second, the County Department of Social Services must have made a reasonable effort to provide services ordered by the court.

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