On Point blog, page 8 of 8
TPR – No Contest Plea, Withdrawal of – Prima Facie Showing re: Grounds and Potential Disposition
Oneida Co. DSS v. Therese S., 2008 WI App 159
Grounds
Issue/Holding: Informing the parent of potential “dispositions in a general sense” is not enough to satisfy § 48.422(7)(a):
¶16 Thus, at the very least, a court must inform the parent that at the second step of the process, the court will hear evidence related to the disposition and then will either terminate the parent’s rights or dismiss the petition if the evidence does not warrant termination.
Voluntariness of Plea to Grounds for Termination, Procedure for Challenging, Confusion of Parent
Kenosha Co. DHS v. Jodi W. 2006 WI 93, reversing summary order
Issue/Holding: The circuit court must undertake a colloquy with the parent tracking § 48.422(7); the parent must know the rights being waived; and on a challenge to the plea the parent must make a prima facie showing that the colloquy was defective and also allege a lack of understanding of the omitted information, ¶¶25-26,