On Point blog, page 17 of 20
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 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?
TPR – Right to Meaningful Participation – Lack of Objection
Veronica K. v. Michael K., 2012AP197, District 1, 10/10/12
court of appeals decision (1-judge, ineligible for publication); case activity
Michael K., incarcerated at the time of this TPR trial, appeared by audio-video hookup. He argues that his due process right to meaningful participation, State v. Lavelle W., 2005 WI App 266, ¶2, 288 Wis. 2d 504, 708 N.W.2d 698, in light of his numerous contemporaneous complaints he couldn’t hear the proceedings.
TPR – Grounds: “Reasonable Effort” Obligation of Responsible Agency, § 48.415(2)(a)2b
State v. Elbert H., 2012AP446 / State v. Stacee P., 2012AP169, District 1, 6/12/12
court of appeals decision (1-judge, ineligible for publication); for Elbert H.: Devon M. Lee, SPD, Madison Appellate; case activity; for Stacee P.: Gregory Bates; case activity
The relevant agency’s responsibility to make a reasonable effort to provide court-ordered services encompasses post-petition activity:
¶8 Stacee P.’s contention that the proof of “reasonable effort” are limited to activities antedating the petition is belied by the statute,
TPR – Severance; IAC – Lack of Prejudice; Grounds: Failure to Assume Parental Responsibility – Constitutionality
Oneida County Department of Social Services v. Amanda H, 2011AP2600, District 3, 5/15/12
court of appeals decision (1-judge, not for publication); for Amanda H.: Shelley Fite, SPD, Madison Appellate; case activity; companion case: Oneida County Department of Social Services v. Scott H., 2011AP2599
TPR – Severance
On joint trial for termination of parental rights, Scott’s disruptive conduct didn’t necessitate grant of severance motion by Amanda.
TPR – Grounds, Sufficiency of Evidence; TPR – Termination Phase, Exercise of Discretion
State v. Marquis O., 2011AP2642, District 1, 2/14/12
court of appeals decision (1-judge, not for publication); for Marquis O.: Carl W. Chessir; case activity
Grounds for terminating parental rights upheld, against argument that Bureau of Child Welfare didn’t make reasonable effort to provide services for Marquis O. to meet conditions for child’s return to him.
¶5 The termination of Marquis O.’s parental rights to Mariyana was based on the child’s having,