On Point: E. Procedure

State v. Amelia A., 2015AP630 & 2015AP631, District 1, 6/9/15 (one-judge decision; ineligible for publication); case activity

While the order extending the placement of Amelia’s children outside of her home did not specifically recite the conditions she needed to meet for the return of her children, the extension order specifically incorporated by reference the original CHIPS order, which did recite the conditions Amelia had to meet for return of the children and warned that failing to meet the conditions could result in termination of her parental rights. Thus, Amelia received the notice required under §§ 48.356(2) and 48.415(2)(a)1. and Waukesha County v. Steven H., 2000 WI 28, 233 Wis. 2d 344, 607 N.W.2d 607.

State v. Mary G., 2015AP55, 2015AP56, & 2015AP57, District 1, 6/2/15 (one-judge decision; ineligible for publication); case activity

At the grounds phase of the trial on a TPR petition, the circuit court properly ordered Mary G. to provide the State with notes from her mental health treatment provider and appropriately considered evidence regarding Mary’s failure to manage her medications.

Review of an unpublished court of appeals decision; case activity

Issue (composed by On Point):

Do §§ 48.415(2)(a)1. and 48.356(2) require the final CHIPS order filed before a TPR petition warn the parent about grounds for termination and the conditions for return or the child, or is it sufficient that the parent was given “adequate notice” of the grounds for termination and conditions of return during the pendency of the CHIPS proceeding?

State v. Tamara B., 2014AP1714, District 1, 2/10/15 (1-judge decision; ineligible for publication); case activity

Tamara requested a new dispositional hearing in the case that terminated her parental rights to her daughter Tamijah, saying there was new evidence that affected the advisability of the termination order. The circuit court properly determined that the evidence she presented wasn’t new.

St. Croix County DHHS v. Michael D. & Juanita A., 2014AP2431, District 3, 1/16/15 (1-judge decision; ineligible for publication), petition for review granted 4/16/15, reversed, 2016 WI 35; case activity

The court of appeals holds that the notice requirements of §§ 48.415(2)(a)1. and 48.356(2) were not satisfied because the last order concerning out-of-home placement of Juanita’s child did not include the written notice of the applicable grounds for termination or the conditions for Matthew’s return. The County therefore failed to meet its burden of proof on the continuing CHIPS ground under § 48.415(2)(a)1. and the termination order is vacated and the TPR petition dismissed.

Winnebago County DHS v. Ashley A.O., 2014AP2404, 12/23/14, District 2 (1-judge opinion, ineligible for publication); case activity

A circuit court may not enter a summary judgment finding a parent unfit during the grounds phases of a TPR proceeding when that finding is based on an order denying the parent physical placement due to his (or her) incarceration.

State v. Samantha J., 2014AP988, 2014AP989, 2014AP1017, District 1, 9/17/14 (1-judge opinion, ineligible for publication); case activity

This case is noteworthy in 2 respects.  First, the court of appeals upheld a default judgment as to grounds for terminating a mother’s parental rights–always a significant step, given the stakes.  And, second, the court of appeals complimented a brief–specifically, the brief filed by the GAL, Linnea Matthiesen.

Sheboygan County DHHS v. Phillip L., 2014AP780, District 2, 9/10/14 (1-judge; ineligible for publication); case activity

When Phillip entered his no-contest plea at the fact-finding stage of his termination of parental rights (TPR) proceeding, the circuit court didn’t take sworn testimony to support the TPR petition, as required by § 48.422(3). Because Phillip doesn’t allege the error resulted in any lack of understanding as to the plea he entered, he is not entitled to withdraw his plea.

Green County DHS v. Barret W.S., 2014AP1155, District 4, 8/14/14 (1-judge; ineligible for publication); case activity

The circuit court didn’t err by allowing a child’s guardians to participate as a party in a proceeding to terminate the father’s rights to the child because, while ch. 48 does not expressly state that guardians are “parties” in a termination proceeding, pertinent statutes support allowing the guardians to participate as a party. In addition, the circuit court properly granted summary judgment against the father and didn’t err in making certain evidentiary rulings during the dispositional phase.

Portage County DHHS v. Julie G., 2014AP1057, District 4, 7/31/14 (1-judge; ineligible for publication); case activity

The record shows Julie received the warnings required under § 48.356 even though the relevant notice form did not have her signature. In addition, Julie’s substantive due process rights were not violated because the conditions for return of her child imposed by the continuing CHIPS order were not impossible for her to meet despite her incarceration.