On Point: E. Procedure

State v. T.G., Sr., 2017AP1715, District 1, 4/10/18 (one-judge decision; ineligible for publication); case activity

T.G. sought to withdraw his no contest plea to the grounds alleged in a TPR petition. He argued that his mental health issues prevented him from understanding the TPR proceedings and that his lawyer failed to fully explain that a no contest plea waived the right to a jury trial. The court of appeals holds that the record of the no contest plea demonstrates T.G. understood what he was doing and the consequences of his plea.

State v. D.M.S.W., Sr., 2018AP124-125, 4/3/18, District 1, (1-judge opinion, ineligible for publication); case activity

¶9 We conclude that D.M.W., Sr. waived his right to appellate review of the circuit court’s decision to sua sponte sever the parents’ hearings. Prior to the fact finding hearings, the circuit court informed D.M.W., Sr. that it would sever the fact finding hearings because the parents had a history of domestic abuse and the court did not find it appropriate to conduct fact finding simultaneously. D.M.W., Sr., pro se at the time, did not object. The court also explained its decision to standby counsel and asked counsel to explain the severance issue to D.M.W., Sr. The court informed the parties that they would have an opportunity to address any concerns pertaining to severance. D.M.W., Sr. did not raise any concerns as to this issue. Nor did counsel raise any objections to the severance of the parents’ disposition hearings after the court explained the basis for its decision. . . .It is well established law that an issue not raised in the circuit court is deemed waived for appellate review. See State v. Nelson, 146 Wis. 2d 442, 457, 432 N.W.2d 115 (Ct. App. 1988) . . .

State v. J.C., 2017AP1783, District 1, 3/27/18 (one-judge decision; ineligible for publication); case activity

J.C. pleaded no contest to the continuing CHIPS grounds alleged in the petition for termination of her parental rights. She later argued her plea wasn’t supported by sufficient evidence because, at the fact-finding hearing required under § 48.422(3) for no-contest pleas, there was no evidence the child welfare department made reasonable efforts to provide her with court-ordered services. Applying Waukesha County v. Steven H., 2000 WI 28, 233 Wis. 2d 344, 207 N.W.2d 207, the court of appeals holds that even if the record of the fact-finding hearing was deficient, there was other evidence in the record to make up for it.

State v. C.L.K., 2017AP1414, petition for review of an unpublished court of appeals opinion granted 3/14/18; case activity
Issues:

1. Where, during the grounds phase of a TPR trial, the circuit court errs by directing a verdict in favor of the State without giving the respondent an opportunity to present evidence, has the court committed structural error, or is the error subject to a harmless error analysis?

2. If the error in this case is not structural, then was it harmless?

State v. C.S.S., 2017AP1138, 2017AP1139, 2017AP1140, & 2017AP1141, District 1, 3/6/18 (one-judge decision; ineligible for publication); case activity

C.S.S. entered an admission to a TPR petition alleging her four children were in continuing need of protection and services. The court of appeals rejects her argument that she should be able to withdraw that admission because the judge misinformed her about the burden of proof at the disposition phase when it said the state had to prove by clear and convincing evidence that it would be in the children’s best interest to terminate her parental rights.

Manitowoc County Human Serv. Dep’t v. J.K., 2017AP2371, 2/21/18 (1-judge opinion, ineligible for publication); case activity

If you handle TPR cases, this opinion is worth reading because the appellant raised creative arguments regarding, for example, the proper legal standard for summary judgment and a court’s ability to take judicial notice  of its own records. She also lodged an “as applied” constitutional challenge to §48.415(6) regarding failure to assume parental responsibility. This decision has SCOW potential.

Kenosha County DHS v. V.J.G., 2017AP1150 & 2017AP1151, District 2, 12/27/17 (one-judge decision; ineligible for publication); case activity

V.J.G.’s failed to appear at the pretrial and grounds trial in the TPR proceedings regarding his children. The circuit court then discharged V.J.G.’s lawyer, set a new evidentiary and dispostional hearing, and terminated V.J.G.’s parental rights. The court of appeals rejects V.J.G.’s challenges to  § 48.23(2)(b)3., the statute on which the court based its actions.

State v. S.N.N., 2016AP2102 & 2016AP2103, District 1, 12/12/17 (one-judge decision; ineligible for publication); case activity

S.N.N. admitted the continuing CHIPS ground that was alleged in the TPR petition regarding her two children. The court of appeals rejects her claim that her admission was not knowing and voluntary.

State v. R.G., 2017AP1078, District 1, 11/14/17 (one-judge decision; ineligible for publication); case activity

After R.G.’s parental rights were terminated the child was removed from the care of D.L., the foster parent at the time of the TPR dispositional hearing and prospective adoptive parent, because D.L. was abusing the child. (¶¶5-6). A new disposition hearing isn’t merited because this new evidence wasn’t sufficient to “affect[] the advisability of the court’s original adjudication” under § 48.46(1) and Schroud v. Milw. Cty. Dep’t of Pub. Welfare, 53 Wis. 2d 650, 654, 193 N.W.2d 671 (1972). (¶¶10-15).

Dane County DHS v. S.J., 2017AP1578-1580, 10/19/17, District 4 (1-judge opinion, ineligible for publication) case activity

When an opinion starts by saying a mother answered more than 80 questions relating to her understanding of pleading “no contest” during the grounds phase of a TPR case and quotes the her lawyer as saying “she’s one of the brightest clients I’ve ever worked with,” you know her motion to withdraw her plea is doomed.