On Point blog, page 2 of 2
TPR dismissed because final placement order lacked notice of conditions for return and grounds for termination
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.
Mother received required warnings of potential termination of parental rights
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.
TPR – Sufficiency of Warnings, Prior CHIPS Proceeding
Dane co. DHS v. Dyanne M., 2007 WI App 129, District 4 court of appeals, 3/29/07 (published)
Issue/Holding:
¶19 Dyanne acknowledges that the CHIPS order makes reference to “warnings” and contains the statutory language defining the possible grounds for termination. She also does not dispute that the order contains the conditions that were necessary for Artavia’s return. Dyanne’s argument is limited to an assertion that the order fails to sufficiently connect the warning language to the statutory language.
Grounds — Denial of Physical Placement: § 48.356(2) Warnings in Underlying Order Unnecessary
Kimberly S.S. v. Sebastian X.L., 2004 WI App 83
Issue: Whether § 48.415(4) requires proof that an underlying family court order denying physical placement contained the warnings required by § 48.356(2).
Holding:
¶7. The plain language of Wis. Stat. § 48.415(4) requires proof that the notices in Wis. Stat. § 48.356(2) were provided only when the underlying order was issued in juvenile court.