On Point blog, page 1 of 1
One conviction doesn’t constitute a “pattern” of child abuse
K.C. v. B.S.-S., 2015AP1702, District 2, 1/13/16 (one-judge decision; ineligible for publication); case activity
B.S.-S.’s single conviction for intentionally causing harm to a child in violation of § 948.03(2)(b) does not demonstrate “a pattern of physically … abusive behavior” under § 48.415(5), so the circuit court erred in terminating B.S.-S.’s parental rights based on that conviction.
TPR – constitutionality of child abuse grounds under Wis. Stat. § 48.415(5); propriety of summary judgment
Racine County v. Renee D., 2012AP1974, District 2, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity
Wis. Stat. § 48.415(5) is not unconstitutionally vague and does not violate due process
As applied to Renee D., the two elements for the “child abuse” ground under § 48.415(5) are: 1) the parent has shown a pattern of physical or sexual abuse that is a substantial threat to the health of the child who is the subject of the petition;
TPR – Waiver of jury trial; admission to “child abuse” and CHIPS grounds
Racine County v. Latanya D.K., 2013 WI App 28; case activity
TPR – Waiver of jury trial need not be part of admission colloquy
¶2 Latanya’s major arguments raise an important question: Must the court engage in a personal colloquy with a parent regarding his or her waiver of the right to a jury trial before accepting the parent’s admission that grounds for termination of parental rights exist?