On Point: E. Procedure

Racine County v. Latanya D.K., 2013 WI App 28; case activity

TPR – Waiver of jury trial need not be part of admission colloquy

¶2        Latanya’s major arguments raise an important question:  Must the court engage in a personal colloquy with a parent regarding his or her waiver of the right to a jury trial before accepting the parent’s admission that grounds for termination of parental rights exist?

Nicole P. v. Michael P., 2012AP780, District 3, 10/16/12

court of appeals decision (1-judge, ineligible for publication); case activity

Father’s motion to withdraw admission to grounds (based on asserted lack of understanding that: termination of parental rights required an unfitness determination; sole focus of dispositional hearing would be child’s best interests, with no concern for parent’s own interests; disposition could result in permanent extinction of all his parental rights),

State v. Yvette A., 2012AP548, District 1, 8/14/12

court of appeals decision (1-judge, not for publication); case activity

Parent’s failure to appear at grounds phase of TPR trial, because she was locked in a mental health unit, supported default judgment, where parent had documented history of checking herself into hospitals despite actual need for psychiatric treatment.

¶13      Because entry of default is a particularly harsh sanction,

Oneida County Department of Social Services v. Amanda H, 2011AP2600, District 3, 5/15/12

court of appeals decision (1-judge, not for publication); for Amanda H.: Shelley Fite, SPD, Madison Appellate; case activity; companion case: Oneida County Department of Social Services v. Scott H., 2011AP2599

TPR – Severance 

On joint trial for termination of parental rights, Scott’s disruptive conduct didn’t necessitate grant of severance motion by Amanda. 

State v. Laura M., 2011AP2828, District 1, 3/27/12

court of appeals decision(1-judge, not for publication); for Laura M.: Russell D. Bohach; case activity

The trial court properly exercised discretion in finding Laura M. in default when she failed to appear for trial on TPR grounds. A father of one of her children, Padrein K., called counsel to report that he had been stabbed and that Laura M.

Dane Co. DHS v. Sophia S., 2011AP2639, District 4, 2/23/12

court of appeals decision (1-judge, not for publication); for Sophia S.: Faun M. Moses; case activity

Although the parent isn’t required to object to the sufficiency of evidence adduced in support of a default judgment on grounds for termination (the court rejecting the County’s argument on this point), there was a sufficient factual basis for the default.

Dane Co. DHS v. Kevin D., 2011AP2748, District 4, 2/2/12

court of appeals decision (1-judge, not for publication); for Kevin: Steven Zaleski; case activity

Kevin’s failure to respond to the County requests for admission, § 804.11(2), led the trial court to deem those requests admitted, and then to grant summary judgment as to grounds based on the “deemed admissions.” The court of appeals rejects Kevin’s challenge to the admissions: he was given adequate notice as to the consequences for failure to respond,

Racine County HSD v. Roseannah M. H., 2011AP1776, District 2, 1/11/12

court of appeals decision (1-judge, not for publication); for Roseannah: Patrick Flanagan; case activity

On this TPR appeal by the County, the court of appeals upholds an order granting Roseannah’s motion to withdraw her admission to grounds. Such an admission must be knowing, intelligent and voluntary, per colloquy governed by § 48.422(7) and due process, ¶5,

Racine County HSD v. Bobby G. H., 2011AP795, District 2, 11/16/11

court of appeals decision (1-judge, not for publication); for Bobby G.H.: William E. Schmaal, SPD, Madison Appellate; case activity

Bobby’s phase-1 admission to termination of parental rights on the ground of failure to assume responsibility didn’t require that the trial court hear testimony before accepting the admission.

Chester B. v. Larry D., 2011AP926, District 2, 11/2/11

court of appeals decision (1-judge, not for publication); for Larry D.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity

Entry of default against parent imprisoned out of state violated his right to due process under the circumstances. On receipt of the petition and summons, Larry contacted the petitioner’s attorney and said he wanted representation. The attorney then contacted the SPD.