On Point blog, page 2 of 9
COA: Evidence sufficient to affirm verdict finding grounds to terminate parental rights; cir. ct. did not erroneously exercise discretion in terminating rights.
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.
COA rejects “love and affection” defense in sad TPR case
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.
COA rejects sufficiency and erroneous exercise of discretion challenges in TPR appeal
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.
COA rejects challenges to grounds and dispositional phase in TPR
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.
COA rejects claim that glowing testimony about children’s likely post-TPR home during grounds phase prejudiced parent
J.S. v. J.T., 2023AP38-39, 10/31/23, District 3 (one-judge decision; ineligible for publication); case activity
“Jack” filed for termination of “Jasmine’s” parental rights to their two children. At trial, Jasmine’s counsel didn’t object when Jack’s lawyer elicited testimony from a social worker that the children “seemed to love it” at the house Jack shared with his wife, that the couple were transparent, and that they had a “great support person.” The court of appeals doesn’t decide whether this was deficient performance, instead concluding that Jasmine didn’t show she was prejudiced by the admission of the testimony against her.
Dad’s criminal record appropriately admitted into evidence during grounds phase of TPR
State v. B.L., 2023AP8, 4/11/23, District 1 (1-judge opinion, ineligible for publication); case activity
“Barry” appealed an order terminating his parental rights to his 4 1/2-year-old daughter, Alice. He argued that the circuit court erred in admitting his criminal history during the grounds phase and erred in finding that it was in Alice’s best interest to terminate his rights. He lost on both issues.
CoA affirms finding that incarcerated mom is an unfit parent
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.
COA upholds TPR
Juneau County D.H.S. v. R.M., 2022AP1260, 9/29/22, District 4 (one-judge decision; ineligible for publication); case activity
R.M. appeals the termination of her parental rights to her son, M.M.
TPR order affirmed
State v. J.W., 2022AP1338, District 1, 10/4/22 (one-judge decision; ineligible for publication); case activity
J.W.’s challenges the sufficiency of the evidence at both the grounds and dispositional phases of the proceeding that terminated his parental rights to J.W., Jr. The court of appeals rejects his arguments.
Evidence at grounds hearing was sufficient to support termination of parental rights
Brown County DHS v. K.Y.T., 2022AP531, District 3, 9/27/22 (one-judge decision; ineligible for publication); case activity
The county petitioned to terminate K.Y.T.’s parental rights to M.Z. alleging abandonment for both a 3-month and a 6-month period and failure to assume parental responsibility. The evidence was sufficient to support the jury’s verdict that the county proved both grounds.