On Point: E. Procedure

Rock County Human. Servs. v. A.P., Appeal nos. 2022AP248-249; 7/14/22, District 4; (1-judge opinion, ineligible for publication); case activity

This is one more in a long line of appellate decisions affirming a default finding of grounds for terminating a parent’s rights without a finding that the parent had behaved egregiously as required by Dane Cnty. DHS v. Mable K., 2013 WI 28, ¶71, 346 Wis. 2d 396, 828 N.W.2d 198. The difference here is that the court of appeals also openly disregards (or perhaps is unfamiliar with?) the rules of appellate procedure.

State v. A.G., 2022AP652, 7/12/22, District 1 (1-judge opinion, ineligible for publication); petitions for review granted, 10/11/22, reversed, 2023 WI 61; case activity

District 1 means business. Not long ago, it reversed an order denying A.G.’s claim that his no-contest plea to grounds for a TPR was not knowing, intelligent, and voluntary because the circuit court neglected to explain the potential dispositions to him. It remanded the case for an evidentiary hearing. There, the State simply presented a transcript showing that 10 months before the plea, the circuit court explained potential dispositions to A.G. The circuit court said the State met its burden. On appeal after remand, the court of appeals says no way!

State v. S.L.W., 2021AP1736 & 1737, 6/1/22, District 1 (one-judge decision; ineligible for publication); case activity

S.LW. appeals the termination of parental rights to her children. She argues her attorney failed to inform the jury of court-ordered services the Milwaukee County child-services agency didn’t provide. The court of appeals holds that if counsel performed deficiently in this regard, it didn’t affect the jury trial because the county did make a reasonable effort to provide the services, and because there was an independent ground for termination. (UPDATE: the original post said S.L.W. didn’t challenge this second ground on appeal; the comment below informs us that she did.)

Dane County DHS v. A.D., 2022AP76 & 2022AP77, District 4, 3/31/22 (one-judge decision; ineligible for publication); case activity

Another case showing that in TPR proceedings, “egregious” conduct is coming to mean “missing one hearing.”

Dunn County Human Services v. N.R., 2021AP129 & 2021AP1830, District 3, 1/28/22 (one-judge decision; in eligible for publication); case activity

The circuit court properly exercised its discretion in allowing the foster parent of N.R.’s children to testify at the grounds trial in N.R.’s TPR proceeding.

Marathon County DHS v. S.K., 2021AP1124 & 2021AP1125, District 3, 11/18/21 (one-judge decision; ineligible for publication); case activity

The circuit court granted partial summary judgment on the petitions to terminate the parental rights of S.K. (“Sarah”) for failure to assume parental responsibility of her two daughters. The court of appeals reverses, holding there are genuine issues of material fact that require a trial on the grounds for the petitions.

State v. P.G., 2021AP1231, 2021AP1232, & 2021AP1233, District 1, 11/2/21 (one-judge decision; ineligible for publication); case activity

P.G.’s challenges the sufficiency of the TPR petitions against him and claims the COVID epidemic affected his ability to meet the conditions of return. His arguments are in vain.

State v. L.M., 2021AP970, District 1, 9/8/21 (one-judge decision; ineligible for publication); case activity

The circuit court properly exercised its discretion in denying L.M.’s motion to vacate the default judgment entered against her in this TPR case.

Douglas County DHHS v. D.B., 2020AP982, District 3, 8/10/21 (one-judge decision; ineligible for publication); case activity

D.B. claims trial counsel at his TPR trial was ineffective for: (1) failing to object to the application to his case of the amended version of the statute governing continuing CHIPS grounds; (2) failing to introduce evidence about additional visits between D.B. and his son; and (3) failing to object to testimony about his son’s negative reactions to him during certain visits. The court of appeals rejects the claims.

State v. M.R.K., 2021AP141, District 1, 6/22/21 (one-judge decision; not recommended for publication); case activity

The Latin word grex means “flock,” “herd,” or “group,” and is the root of several English words. Gregarious originally meant “tending to live in a flock, herd, or community rather than alone” but has become a synonym for “sociable.” Egregious literally meant “out of the herd” in Latin — something that stands apart. Its first meaning in English was consequently “outstanding” or “remarkable for good quality,” but over time that changed to become “very bad and easily noticed” or “flagrant.”

Merriam-Webster’s Words at Play. See also Sentry Ins. v. Davis, 2001 WI App 203, ¶21 n.8, 247 Wis. 2d 501, 634 N.W.2d 553 (“Egregious” is “extraordinary in some bad way, glaring, flagrant[.]” (citation omitted)). In Wisconsin TPR cases, it means “missing a single court date.”