On Point blog, page 1 of 5
COA upholds default order despite some “questionable” aspects of case, finds court properly exercised discretion at dispo
State v. S.B.T., 2026AP1890, 11/4/26, District II (ineligible for publication); case activity
Although S.B.T. presents a number of mitigating facts to excuse her nonappearance, COA holds the circuit court did not erroneously exercise its discretion and rejects her challenges to the disposition.
COA affirms TPR default judgment entered after one missed hearing
State v. M.R., 2026AP1742 & 2026AP1743, 10/20/26, District I (ineligible for publication); case activity
COA holds that the circuit court properly exercised its discretion when it found “Margo” in default when she missed one court appearance and affirms orders terminating her parental rights.
COA affirms default finding in TPR due to single missed court date
State v. A.L., 2025AP177, 4/22/25, District I (1-judge decision, ineligible for publication); case activity
Despite the respondent’s claim that she was never given notice of the time for a jury status hearing, COA affirms the circuit court’s default finding.
Default judgment for failing to appear at TPR hearings affirmed.
Dane County v. L.D.D., 2024AP1267, District IV, 10/24/24 (one-judge decision; ineligible for publication); case activity
The Court of Appeals affirmed the circuit court’s order terminating L.D.D.’s parental rights after it entered default judgment when she did not appear at the hearing on grounds to terminate or the disposition hearing. The Court also affirmed the circuit court’s order denying L.D.D.’s motion to vacate the default judgment based on new evidence.
In a refreshingly straightforward statutory construction case, SCOW upholds defense TPR win
State v. R.A.M., 2024 WI 26, 6/25/24, affirming an unpublished court of appeals decision; case activity (including briefs)
In a 5-2 defense win, SCOW concludes that a statute requiring the circuit court to wait two days before proceeding to disposition after finding a parent in default means what it says.
COA rejects challenges to grounds and dispositional phase in TPR
Jefferson County DHS v. C.T.S., 2023AP1404, 11/2/23, District 4 (one-judge decision; ineligible for publication); case activity
C.T.S. appeals an order terminating his parental rights to his son, K.S. The court of appeals affirms, holding the county adduced sufficient evidence of the continuing CHIPS ground and acted within its discretion in weighing the dispositional factors.
COA disregards business as usual and reverses default judgment in Milwaukee County TPR
State v. C.D., 2023AP1025, District I, 8/29/23, 1-judge decision ineligible for publication; case activity (briefs not available)
In an exciting defense win, District I signals a willingness to critically review default orders entered in Milwaukee County.
Circuit court reasonably exercised its discretion in ordering default judgment; terminating parent’s rights
State of Wisconsin v. M.S.H., 2023AP692, District I, 8/1/23, 1-judge decision ineligible for publication; case activity (briefs not available)
A parent’s non-cooperation with an involuntary TPR leads to a default judgment and, despite some compelling arguments, COA rejects her invitation to reweigh the dispositional evidence and reverse the order terminating her parental rights.
Parent’s challenges to TPR order affirmed under deferential standard of review
State v. M.H., 2023AP732, District I, 7/11/23, 1-judge decision ineligible for publication; case activity (briefs not available)
M.H. raises two challenges to a circuit court order terminating her parental rights. Under an exceedingly deferential standard of review, both claims fail.
Defense Win! Missing one pre-trial TPR hearing not sufficient basis for default judgment
Kenosha County Division of Child and Family Services v. D.R.-R., 2022AP1812, 06/01/23, District 2 (1-judge opinion, ineligible for publication); case activity
In what should not be a shocking outcome, a mother’s failure to appear at a single pre-trial hearing is not “egregious” and does not support a default judgment on grounds.