On Point: 3. Continuing CHIPS

Waukesha County Dept. of Health & Human Services v. M.M.M., 2024AP1622, 10/30/24, District II (one-judge decision; ineligible for publication); case activity

In a straightforward case addressing sufficiency of the evidence, the COA affirmed the circuit court’s order to terminate M.M.M’s (referred to as Mary) parental rights.  The Court found that the evidence was sufficient to support the jury’s verdict finding grounds to terminate her parental rights, and the circuit court did not erroneously exercise its discretion when it determined terminating Mary’s parental rights to her son (referred to as Neal) was in his best interest.

Waushara County DHS v. A.M.S., 2024AP730-733, District IV, 10/3/24 (one-judge decision; ineligible for publication); case activity

In a dense and fact-specific opinion, COA rejects A.M.S.’s attempts to argue that she was precluded from presenting relevant evidence at her TPR trial and affirms.

Kenosha County DC&FS v. M.A.C., 2023AP2068 & 2069, 5/14/24, District II (one-judge decision; ineligible for publication); case activity

M.A.C. (“Molly”) challenges the circuit court’s decision to deny her postdisposition motion without a hearing. The court of appeals affirms because it says Molly can’t establish she was prejudiced by her trial attorney’s advice that she admit the county made a “reasonable effort” to provide services ordered by the CHIPS court.

State v. I.A.A., 2023AP1723-24, 2/28/24, District 2 (one-judge decision; ineligible for publication); case activity

Long story short, the court of appeals affirms the orders terminating I.A.A.’s (“Ivy’s”) parental rights despite the circuit court’s admitted failure to comply with Wis. Stat. § 48.422(3)’s mandate to take testimony related to grounds at Ivy’s no contest plea hearing. Because the court was able to “tease out” all the necessary elements to grounds from “other witnesses at other hearings,” the court concludes that Ivy was not prejudiced and that the error was harmless. Op., ¶33.

State v. D.K., 2023AP292-293, 1/3/24, District I (one-judge decision; ineligible for publication); case activity

Despite a novel challenge as to the integrity of his plea, COA rejects “Daniel’s” arguments and affirms in this TPR appeal.

State v. S.F., 2023AP1699, 1702-1705, 12/12/23, District I (one-judge decision; ineligible for publication); case activity

In an all-around sad TPR appeal, S.F. (“Sabrina”) challenges (1) the sufficiency of the evidence supporting the court’s finding that grounds existed to terminate and (2) the court’s discretionary decision to terminate her parental rights to her five children. Despite the fact that neither court doubted Sabrina’s love and affection for her children, the court of appeals affirms.

State v. M.E.E., 2023AP1510, 11/28/23, District I (one-judge decision; ineligible for publication); case activity

In a dense and fact-dependent opinion, COA affirms under well-settled standards of review.

State v. T.J., 2023AP1239-1242, 11/28/23, District I (one-judge decision; ineligible for publication); case activity

Despite  a battery of legal challenges, COA swiftly and efficiently marches toward affirmance in this TPR appeal.

Jefferson County DHS v. C.T.S., 2023AP1404, 11/2/23, District 4 (one-judge decision; ineligible for publication); case activity

C.T.S. appeals an order terminating his parental rights to his son, K.S. The court of appeals affirms, holding the county adduced sufficient evidence of the continuing CHIPS ground and acted within its discretion in weighing the dispositional factors.

Barron County DH & HS v. J.W., 2023AP60, District 3, 6/13/23 (one-judge decision; ineligible for publication); case activity

J.W. (“Jill”) challenges the sufficiency of the evidence to prove continuing CHIPS grounds for terminating her parental rights and the circuit court’s exercise of discretion in terminating her rights at the disposition hearing. Neither challenge succeeds.