On Point blog, page 8 of 20
Family court order denying placement didn’t need to advise parent of conditions for return
G.K. v. S.C., 2019AP1645, 2019AP1646, & 2019AP1647, District 4, 11/7/19 (one-judge decision; ineligible for publication); case activity
S.C.’s parental rights to her three children were terminated due to continued denial of periods of physical placement under § 48.415(4) based on a family court order that denied her periods of physical placement. She argued the family court order could not be the basis for a TPR because it didn’t advise her of the conditions necessary for the children to be returned to her or for her to be granted placement or visitation. Maybe so, says the court of appeals, but the statute doesn’t require the family court order to do that.
COA affirms TPR of incarcerated parent
Waupaca County v. J.J., 2019AP805, 10/29/19, District 4 (one-judge decision; ineligible for publication); case activity
J.J. challenges the termination of his parental rights, alleging trial counsel was ineffective and lack of a factual basis for his no contest plea. The court of appeals rejects both claims.
Merging change of placement hearing into jury trial on grounds for TPR is okay
State v. T.S.W., 2019AP450-451, District 1, 10/22/19 (1-judge opinion, ineligible for publication); case activity
The trial court failed to hold a hearing on T.S.W.’s motion for change of physical placement of her child, J.C., before the jury trial on the grounds phase of her TPR. She argued that this violated her right to due process because if she had prevailed at the hearing, the jury would have heard evidence that J.C. had been placed in the parental home with T.S.W., rather than outside the parental home.
COA affirms TPR – parent’s claims fall on credibility grounds
State v. T.L.G., 5018AP1291, 9/4/19, District 1 (one-judge decision; ineligible for publication); case activity
T.L.G., who is cognitively limited, appeals the termination of her parental rights to her son. During the proceedings below her lawyer requested a competency evaluation; eventually the court appointed T.L.G. a guardian ad litem. T.L.G. ultimately pleaded no-contest to the asserted ground of continuing CHIPS, and her rights were terminated.
When parent “admits” grounds TPR, court can find her unfit without taking testimony
Walworth County DHS v. S.S.K., 2019AP782, 7/17/19, District 2 (1-judge opinion, ineligible for publication); case activity
During the grounds phase of the Walworth County’s TPR case against S.S.K., she “admitted” the ground of continuing CHIPS; she didn’t plead “no contest.” This distinction proved decisive to the court of appeals’ decision to affirm the termination of her parental rights to her daughter, A.S.L.
Defense win! Judge can’t attend TPR dispositional hearing by video over parent’s objection
Adams County Health and Human Serv. Dep’t. v. D.J.S., 2019AP506, District 4, 6/20/19 (1-judge opinion, ineligible for publication; case activity
You don’t see defense wins in TPR appeals very often! In this case, D.J.S., the witnesses, the GAL, and counsel for both parties were at the Adams County Courthouse. For unknown reasons,the judge appeared by videoconference from the Marquette County Courthouse. D.J.S. objected, arguing that under §885.60(2) he had a right to be present in the same courtroom as the judge, and he won!
COA clarifies summary judgment procedure and the “continuing denial of visitation” grounds for TPR
Juneau County D.H.S. v. S.G.M., 2019AP553-556, 6/6/19, District 4 (1-judge opinion; ineligible for publication); case activity
This appeal presents two issues of TPR law: (1) Whether a county must file an affidavit in support of its summary judgment motion; and (2) Whether Juneau County satisfied the requirement of §48.415(4)(a), which governs the “continuing denial of visitation.”
Harmless error and a “reasonable reading” of the record doomed dad’s appeal from TPR order
Dane County DHS v. T.S., 2019AP415, 5/9/19, District 4 (1-judge opinion, ineligible for publication); case activity
At the grounds phase of this TPR case, T.S. challenged the circuit court’s application of §48.415(2), the CHIPS ground for terminating his parental rights. He also argued that at the disposition phase the circuit court ignored one of the “best interests of the child” factors required by §48.426(3) and substituted in an improper factor. He lost on both counts.
If 2 guys have sex with a woman who becomes pregnant, both better assume parental responsibility
E.M.K. v. Z.T.R., 2018AP1896, District 2, 5/1/19 (1-judge opinion, ineligible for publication); case activity
That’s the upshot of this court of appeals decision. Before terminating a biological father’s parental rights, there must be a finding that he “failed to assume parental responsibility” under §48.415(6). But what if there is a dispute about whether he is actually the biological father of the child? The court of appeals holds that if only one other guy was having sex with the mother when she became pregnant then the unverified, biological father had “reason to believe” he was in fact the father and should assume parental responsibility for the child.
TPR based on prior child abuse conviction wasn’t unconstitutional
Racine County HSD v. L.R.H.-J., 2018AP2065, District 2, 3/6/19 (one-judge decision; ineligible for publication); case activity
L.R.H.-J. was convicted of child neglect in causing the death of her first child in 2005. In 2015 she had another child, “Baby J,” who was immediately taken from her and a CHIPS proceeding commenced. In 2017 her rights to Baby J were terminated, after the circuit court granted summary judgment at the grounds phase, citing §48.415(9m). The court of appeals rejects facial and as-applied constitutional challenges to the use of that statute against her with respect to Baby J.