On Point blog, page 21 of 21
Admissibility of Evidence — Expert Opinion Testimony on TPR Parent’s Ability to Meet Condition for Child’s Return
Brown County v. Shannon R., 2005 WI 160, reversing unpublished opinion
Issue: Whether the circuit court erroneously exercised discretion in precluding expert testimony on the issue of whether the TPR respondent is likely to be able to meet the conditions for return of her children.
Holding:
¶40 In deciding the issue of foundation, the circuit court seemed fixated on the psychological tests that Dr.
Grounds — Abandonment by Biological Parent, Occurring Prior to Adjudication as Parent, as Ground for Termination, §§ 48.02(13), 48.415(1)(a)3
State v. James P., 2005 WI 80, affirming, 2004 WI App 124
Issue: Whether biological father’s parental rights could be terminated on the ground of “abandonment” where he was not adjudicated as father until after alleged periods of abandonment.
Holding:
¶15 We hold that an individual who is in fact the biological father of a nonmarital child satisfies the definition of “parent”
Grounds — Denial of Physical Placement: § 48.356(2) Warnings in Underlying Order Unnecessary
Kimberly S.S. v. Sebastian X.L., 2004 WI App 83
Issue: Whether § 48.415(4) requires proof that an underlying family court order denying physical placement contained the warnings required by § 48.356(2).
Holding:
¶7. The plain language of Wis. Stat. § 48.415(4) requires proof that the notices in Wis. Stat. § 48.356(2) were provided only when the underlying order was issued in juvenile court.