On Point: E. Procedure

Portage County DH & HS v. C.S., 2022AP1090, District 4, 02/23/2023, (one-judge decision, ineligible for publication) case activity

In what appears to be a first, the court of appeals addresses a grant of partial summary judgment against a parent specifically related to whether the county made a “reasonable effort” to provide services pursuant to a CHIPS order. See Wis. Stat. § 48.415(2)(a). One caveat being that the issue arises within the context of a postdisposition claim of ineffective assistance after trial counsel failed to file any response or affidavit opposing the county’s motion for summary judgment. Nevertheless, the court affirms the summary judgment order and holds that no genuine issue of material fact existed as to whether the county made a “reasonable effort” to provide services to C.S. that would have assisted him in meeting the conditions of return. (Opinion, ¶35).

R.G. v. S.P., 2022AP1876, District 4, 02/16/2023 (one judge opinion; ineligible for publication); case activity

R.G. filed a petition to voluntarily terminate his parental rights to a non-marital child that he had not seen in over seven years. The circuit court dismissed his petition for lack of jurisdiction. R.G. pursued an appeal pro se, arguing that Wis. Stat. § 48.185 supported his petition in Dane County.

Brown County DHHS v. T.R., 2022AP1094, District 3, 1/20/23 (one-judge decision; ineligible for publication); case activity

In a TPR proceeding a motion for summary judgment may be filed any time before trial, as prescribed in § 48.297(1) and (2), and is not governed by the time limit for summary judgment motions prescribed in § 802.08(1).

State v. O.F., 2022AP1703, District 1, 01/18/2023 (one-judge decision; ineligible for publication); case activity

Ultimately, the issue addressed by the court of appeals is whether O.F. received ineffective assistance of counsel where trial counsel was alleged to have “violated his duty of confidentiality and loyalty” to his client. O.F.’s claims were based on multiple statements made by his trial counsel that arguably disclosed confidential information to the court and painted O.F. in a bad light. The court rejects O.F.’s claim primarily because he failed to establish “any prejudice” and also rejects O.F.’s assertions that his IAC claim was structural and thus did not require a post-disposition motion or a Machner evidentiary hearing. (Opinion, ¶¶22-25).

C.K. and A.K. v. K.L., 2022AP1289, District 4, 12/22/22 (one-judge decision; ineligible for publication); case activity

The circuit court didn’t err in granting partial summary judgment on the termination of parental rights petition filed against K.L. by C.K. and A.K., the grandparents and guardians of K.L.’s daughter B.K., because there were no genuine issues of material facts as to whether K.L. established a good cause defense to the ground of abandonment alleged in the petition.

L.E.H. v. R.E.M., 2022AP713-715, 11/22/11, District 1; (1-judge opinion, ineligible for publication); case activity

“Luke” and “Rebecca” had 3 children together. After their relationship ended, Rebecca struggled with addiction and was charged with a number of crimes. Luke married and successfully petitioned to terminate Rebecca’s parental rights.  Rebecca appealed the TPR arguing the circuit court (1) improperly granted summary judgment on the grounds that she abandoned her children, and (2) created the appearance of bias during the disposition hearing.

State v. A.G., 2022AP652, two petitions for review of unpublished court of appeals opinions granted 10/11/22; reversed, 2023 WI 61; case activity

Issues for review:

From the State’s petition: Whether A.G., the father who lost his parental rights, knowingly, intelligently, and voluntarily pled “no contest” to grounds for termination of his rights.

From the GAL’s petition: Whether Bangert‘s procedure governing motions to withdraw a criminal guilty plea should apply rigidly to TPR proceedings.

Also from the GAL’s petition. Whether a parent loses his right to appeal after failing to attend a remand hearing without excuse.

State v. M.J.C., 2022AP779, District 1, 10/4/22 (one-judge decision; ineligible for publication); case activity

The court of appeals rejects M.J.C. attempt to withdraw his no contest plea to the petition to terminate his parental rights to J.C.

State v. D.T., 2022AP909, 8/23/22, District 1 (oen-judge decision; ineligible for publication); case activity

D.T. showed up late for his Zoom TPR trial. It had been set for 9:00; D.T. appeared at 11:00 and said he was having eye trouble that kept him from logging in. The circuit court defaulted him and declined to vacate that default. The court of appeals affirms, noting that D.T. had missed other hearings.

State v. T.M., 2021AP1729, 8/16/22, District 1 (1-judge opinion, ineligible for publication); case activity

“Taylor” presented three challenges to the termination of her parental rights to her son: (1) erroneous admission of a psychological examination; (2) ineffective assistance of trial counsel for failure to object to a flawed jury instruction; and (3) insufficient evidence. The court of appeals rejected all of them.