On Point: 3. Continuing CHIPS

State v. D.C., 2016AP2229-2230, District 1, 11/30/17 (1-judge opinion, ineligible for publication); case activity

During the grounds phase of her TPR proceeding, D.C.’s lawyer asked the trial court to: (1) instruct the jury that she was prohibited from having visitation with her children for a period of time, and (2) give curative instructions that it was impossible for her to perform a condition for return of her kids and to assume parental responsibility due to her incarceration.  The court planned to rule on these requests just before trial, but, oops, that did not happen.

State v. F.J.R., 2017AP558 & 559, 6/13/17, District 1 (one-judge decision; ineligible for publication); case activity

F.J.R. appeals the termination of her parental rights to her two children. She argues that the court’s pretrial suspension of visitation with one of the children prejudiced her in various ways. The court of appeals disagrees.

Jefferson County Human Serv. Dep’t v. V.B., 2016AP2468-2469, 3/16/17, District 4 (1-judge opinion; ineligible for publication); case activity

The circuit court found that V.B.’s children were in continuing need of protective services and thus there it had grounds to terminate her parental rights pursuant to §48.415(2).  On appeal,V.B. unsuccessfully challenged the evidence supporting the 3rd and 4th elements of continuing CHIPS–namely, that the county made reasonable efforts to provide court-ordered services to V.B. and that V.B. failed to meet the conditions for return of her children.

Dane County D.H.S. v. J.B., 2016AP2422, District 4, 2/16/17 (1-judge opinion, ineligible for publication); case activity

To terminate parental rights based on the “continuing CHIPS” ground, the jury had find that there was a substantial likelihood that JB would not meet the conditions for the safe return of her child within 9 months of the hearing. §48.415(2)(a).  The circuit court admitted a social worker’s expert testimony on this issue, apparently without following §907.02 and Daubert v. Merrell Dow Pharmacueticals. The court of appeals assumed error but declared it harmless.

State v. P.T., 2016AP1460, 1/24/17, District 1 (1-judge opinion; ineligible for publication); case activity

P.T. challenged a circuit court decision terminating his parental rights to his son on 2 grounds: (1) his stipulation to ground for termination was not knowing, intelligent and voluntary under Bangert, and (2) the postdisposition court should not have reviewed the transcript of the stipulation colloquy when deciding issue (1). He lost on both counts.

Portage County DHHS v. D.B., 2016AP1233 & 1234, 11/17/16, District 4 (1-judge decision; ineligible for publication); case activity

D.B. raises challenges to both the disposition and grounds phases of the hearing that resulted in the termination of her rights to her two children. The court of appeals rejects both.

Dane County DHS v. S.C., 2016AP1787, 11/17/16, District 4 (1-judge decision; ineligible for publication); case activity

S.C. appeals the termination of her parental rights to her daughter D.C. She pled to a continuing CHIPS ground; she challenges only the circuit court’s discretionary conclusion, at the dispositional phase, that termination was in D.C.’s best interest.

State v. J.M., 2016AP817 & 2016AP817, District 1, 7/6/16 (one-judge decision; ineligible for publication); case activity

The evidence introduced at the fact finding hearing was sufficient to establish both continuing CHIPS and failure to assume parental responsibility grounds, and the circuit court properly exercised its discretion in finding that termination was in the best interests of T.M.’s children.

State v. K.M., 2016AP421, 5/17/2016, District 1 (one-judge decision, ineligible for publication); case activity

The court of appeals rejects a mother’s two challenges to the termination of her parental rights.

St. Croix County Department of Health and Human Services v. Michael D. & Juanita A., 2016 WI 35, 05/12/2016, reversing an unpublished court of appeals decision; case activity

Waukesha County v. Steven H., 2000 WI 28, 233 Wis. 2d 344, 607 N.W.2d 607, finds itself roundly praised and deeply buried by our high court.