On Point blog, page 8 of 8
TPR — Effective assistance of counsel at fact-finding hearing
Jenna L.C. v. Dustin J.K.V., 2012AP2696, District 2, 5/29/13; court of appeals decision (1-judge, ineligible for publication); case activity
The court of appeals rejects Dustin’s claim that his attorney was ineffective at the fact-finding hearing on a TPR petition alleging he had failed to assume parental responsibility for his daughter, Breyanna.
Trial counsel did not object to certain evidence about conduct Dustin allegedly engaged in shortly before he learned his girlfriend was pregnant with Breyanna.
TPR — failure to assume parental responsibility: sufficiency of evidence; constitutionality of ground as applied
Langlade County DSS v. Michael P., 2013AP385, 2013AP386, & 2013AP387, District 3, 5/21/13; court of appeals decision (1-judge, ineligible for publication); case activity: 2013AP385; 2013AP386; 2013AP387
Sufficiency of evidence
Based on the entire record of the fact-finding hearing, the court of appeals concludes there was sufficient evidence that Michael P. failed to assume parental responsibility, despite his testimony tending to show he did assume responsibility:
¶26 …[I]t is clear that Michael did not have a “substantial parental relationship” with his children over the course of their lives.
TPR — Failure to assume parental responsibility: special verdict questions; instruction that lack of opportunity and ability is not a defense. Abandonment: Leave to amend petition
Dane County DHS v. John L.-B., 2013AP462, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity
This decision rejects Dane County’s appeal from the dismissal of a TPR petition after a jury verdict in favor of the parent. Here’s the factual background:
Dane County filed a TPR petition against John L.-B. in January 2012, alleging failure to assume parental responsibility and six months of abandonment.
TPR – grounds; continuing CHIPS, failure to assume parental responsibility instead of continuing parental disability
State v. Angie A., 2012AP2240, District 1, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity
The state properly brought TPR petition alleging grounds under Wis. Stat. § 48.415(2) (continuing need of protection and services) and § 48.416(6) (failure to assume parental responsibility) instead of § 48.415(3) (continuing parental disability, a ground that specifically targets parents with a mental illness or developmental disability), because the state could and did make a reasonable effort to provide Angie A.
TPR – Constitutionality of § 48.415(6); Interest of Justice Review – Jury Instructions, Failure to Assume Parental Responsibility
Langlade County Dept. of Social Services v. Rebecca D., 2010AP2497, District 3, 11/15/11
court of appeals decision (1-judge, not for publication); for Rebecca D.: William E. Schmaal, SPD, Madison Appellate; case activity
¶19 On the facts adduced at trial, Rebecca clearly failed to assume parental responsibility for Anthony, pursuant to the standards set forth in Wis. Stat. § 48.415(6). Anthony was nearly five months old when he was removed from Rebecca’s home.
TPR – Directed Verdict, Authority to Order; Failure to Assume Parental Responsibility
State v. Cedrick M., 2010AP3011, District 1, 8/30/11
court of appeals decision (1-judge, not for publication); for Cedrick M.: John J. Grau; case activity
Directed verdict as to grounds for termination held permissible, citing Door Cnty. DHFS v. Scott S., 230 Wis. 2d 460, 602 N.W.2d 167 (Ct. App. 1999), ¶¶10-11. The trial court was empowered to exercise this authority sua sponte,
TPR – Sufficiency of Evidence; Oral Instructions: Timing; Counsel – Presence, Return of Verdict
Kevin G. v. Jennifer M. S., 2009AP1377, District 4, 8/17/11
court of appeals decision (1-judge, not for publication); for Jennifer M.S.: Susan E. Alesia, SPD, Madison Appellate; case activity
Evidence held sufficient to support termination for failure to assume parental responsibility, § 48.415(6)(a), applying “totality-of-the-circumstances test” where “the fact-finder should consider any support or care, or lack thereof, the parent provided the child throughout the child’s entire life,” Tammy W-G.
TPR – Totality of Circumstances Test
D’Ann K. v. Benjamin J. G., 2010AP1655, District 4, 7/20/11
court of appeals decision (1-judge, not for publication); for Benjamin J.G.: Gina Frances Bosben; case activity
With failure to assume parental responsibility as the ground for termination, Benjamin G. “argues that the court did not properly apply the totality of the circumstances test established in Tammy W-G. because it failed to consider Benjamin’s testimony that D’Ann [the guardian] failed to return his phone calls.”
State v. Maceo W., No. 2009AP3098, District I, 6/2/10
court of appeals decision (1-judge; not for publication); for Maceo: Brian C. Findley
TPR – Assume-Responsibility Ground
Evidence sufficient to support verdict on § 48.451(6) ground of failure to assume parental responsibility for child born prematurely with significant medical needs:
¶30 The trial court accurately concluded that the evidence it outlined was sufficient to support the jury’s verdict that Maceo failed to assume parental responsibility of Jalacea.
Parental Responsibility / Fitness, § 48.415(6) – Relevance of Father’s Conduct After Discovery He Is Child’s Father
State v. Bobby G., 2007 WI 77, reversing a summary order remanding the case to the court of appeals.
Issue/Holding:
¶5 For the reasons set forth, we hold that in determining whether a party seeking termination of parental rights has proven by clear and convincing evidence that a biological father has failed to assume parental responsibility under Wis. Stat. § 48.415(6), a circuit court must consider the biological father’s efforts undertaken after he discovers that he is the father but before the circuit court adjudicates the grounds of the termination proceeding.