On Point: 3. Continuing CHIPS

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.

Kenosha County v. A.C.S., 2022AP1821-1825, 2/15/23, District 2 (one judge decision; ineligible for publication); case activity

Here’s a fact pattern one hopes doesn’t come up too often. The county sought the termination of “Anna’s” parental rights to five children. It then moved for summary judgment on the grounds that she’d been convicted of a serious felony related to the death of another child. A hearing was set, but Anna’s counsel informed the court she’d be in trial in a homicide case. Expecting an adjournment–which both trial counsel and the court of appeals note is “common practice” in such a situation–the attorney told Anna the hearing would be put off. Counsel’s homicide trial then unexpectedly ended early, though she still had work to do to wrap it up. The TPR court apparently heard through the grapevine that the homicide trial was over. Without any successful contact–or much apparent effort to contact–Anna or her lawyer, the court held the scheduled hearing ex parte and, at the county’s request, granted summary judgment. Later, over Anna and her counsel’s protestations, the court terminated her rights.

Portage County DH & HS v. C.S., 2022AP1090, District 4, 02/23/2023, (one-judge decision, ineligible for publication) case activity

In what appears to be a first, the court of appeals addresses a grant of partial summary judgment against a parent specifically related to whether the county made a “reasonable effort” to provide services pursuant to a CHIPS order. See Wis. Stat. § 48.415(2)(a). One caveat being that the issue arises within the context of a postdisposition claim of ineffective assistance after trial counsel failed to file any response or affidavit opposing the county’s motion for summary judgment. Nevertheless, the court affirms the summary judgment order and holds that no genuine issue of material fact existed as to whether the county made a “reasonable effort” to provide services to C.S. that would have assisted him in meeting the conditions of return. (Opinion, ¶35).

Rusk County DHHS v. R.S., 2022AP1530, District 3, 1/20/23 (one-judge decision; ineligible for publication); case activity

R.S. (“Ruth”) argues that at the trial on the County’s petition to terminate her parental rights, the County Department of Health and Human Services didn’t prove it made reasonable efforts to provide the services ordered in the original CHIPS dispositional order. The court of appeals rejects the claim.

State v. A.A.L., 2022AP1074, 10/11/22, District 1, (1-judge opinion, ineligible for publication); case activity 

A parent’s failure to meet the conditions for the return of her child due to her incarceration is not a constitutional basis for finding her an unfit parent during the grounds phase of a TPR proceeding. Kenosha County DHS v. Jodie W., 2006 WI 93, 293 Wis. 2d 530, 716 N.W.2d 845. “Alexis” argued that the circuit court violated this rule when it found grounds to terminate her rights to “Tom” based on continuing CHIPS and failure to assume parental responsibility. The court of appeals disagreed.