On Point blog, page 2 of 21
COA affirms TPR, holding parent failed to establish prejudice due to admission of “arguably inadmissible hearsay”
State v. T.N., 2024AP1280, 4/22/25, District I (1-judge decision, ineligible for publication); case activity
T.N. appeals, arguing that she received ineffective assistance of counsel when her attorney did not object to statements she contends are inadmissible hearsay. COA assumes without deciding that the statements were hearsay and affirms the circuit court’s orders, concluding there was no prejudice to T.N.
COA reverses grant of summary judgment in TPR, holds that issues of material fact exist as to abandonment and failure to assume
J.H. v. J.L.B., 2025AP85, 4/3/25, District IV (1-judge decision, ineligible for publication); case activity
COA reviews the grant of summary judgment on abandonment and failure to assume parental rights de novo and concludes that there are issues of material fact as to each ground. The court therefore reverses and remands for a fact-finding hearing.
COA rejects sufficiency challenge to grounds and finds that court did not err in terminating parental rights
State v. R.J.S., 2024AP2186, 2/7/25, District I (1-judge decision, ineligible for publication); case activity
COA rejects R.J.S.’s challenges to the sufficiency of the evidence and applies a well-settled standard of review to uphold the circuit court’s discretionary termination order.
COA affirms in appeal challenging TPR plea and disposition
Sheboygan County DH&HS v. A.W., Sr., 2024AP907, District II, 10/30/24 (one-judge decision; ineligible for publication); case activity
The COA rejects A.W., Sr.’s claims that the circuit court failed to take testimony to support the finding of unfitness when he pled no contest to grounds, and that the court’s decision to terminate his parental rights at disposition was an erroneous exercise of discretion.
TPR verdict and dispositional order affirmed
State v. T.H.-M., 2024AP1271-1273, District I, 10/29/24 (one-judge decision; ineligible for publication); case activity
In another dense and fact-specific opinion, COA holds that the evidence was sufficient to support a finding that the parent was unfit and rejects T.H.-M.’s argument that the circuit court improperly weighed the evidence at disposition.
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 affirms circuit court’s refusal to instruct jury regarding “impossibility” at respondent’s trial to terminate parental rights because respondent not incarcerated when conditions of return were imposed.
Fond du Lac County Dept. of Social Services v. T.P.W., Jr., 2024AP553, 10/9/24, District II (one-judge decision; ineligible for publication); case activity
COA affirms circuit court’s decision refusing to instruct jury regarding “impossibility” at T.P.W.’s trial to terminate his parental rights because he was incarcerated two months after conditions for return were ordered and his incarceration was not sole basis he failed to meet conditions.
COA rejects challenges to TPR order and affirms
Waushara County DHS v. A.M.S., 2024AP730-733, District IV, 10/3/24 (one-judge decision; ineligible for publication); case activity
In a dense and fact-specific opinion, COA rejects A.M.S.’s attempts to argue that she was precluded from presenting relevant evidence at her TPR trial and affirms.
COA rejects challenges to “abandonment” verdict in TPR involving allegations that mother withheld child’s location from father
A.M.D. v. G.R.B., Jr., 2024AP1071, District II, 9/18/24 (one-judge decision; ineligible for publication); case activity
G.R.B. (“Bartel”) appeals an order terminating his parental rights, raising a medley of challenges. Although COA acknowledges that its prior precedent sent “mixed signals” to litigants on at least one of the issues, it ultimately rejects all of G.R.B.’s arguments and affirms.
Advice to admit to “reasonable effort” not structural or prejudicial error in TPR trial
Kenosha County DC&FS v. M.A.C., 2023AP2068 & 2069, 5/14/24, District II (one-judge decision; ineligible for publication); case activity
M.A.C. (“Molly”) challenges the circuit court’s decision to deny her postdisposition motion without a hearing. The court of appeals affirms because it says Molly can’t establish she was prejudiced by her trial attorney’s advice that she admit the county made a “reasonable effort” to provide services ordered by the CHIPS court.