On Point blog, page 5 of 5
TPR – Summary Judgment on Grounds
Rock Co. HSD v. Timothy F., 2011AP1354, District 4, 8/25/11
court of appeals decision (1-judge, not for publication); for Timothy F.: Carl W. Chessir; case activity
The court rejects Timothy F.’s challenge to grant of summary judgment as to grounds for termination (abandonment, § 48.415(1)(a)2.): even if Timothy arguably had “good cause” for not visiting his child (Timothy had absconded from probation in fear of possible revocation),
TPR – Partial Summary Judgment
Marathon County Dept. of Social Services v. Lorie O., 2010AP2351, District 3, 12/21/10
court of appeals decision (1-judge, not for publication); for Lorie O.: Leonard D. Kachinsky; case activity
Summary judgment may be granted as to grounds for TPR, Steven V. v. Kelley H., 2004 WI 47, ¶6; but where the CHIPS order, on which alleged unfitness is premised, fails to set forth conditions for regaining contact with the child,
TPR – Summary Judgment on Grounds (Abandonment)
Nathan Y. v. Tarik T., 2010AP992, District IV, 10/7/10
court of appeals decision (1-judge, not for publication); for Tarik T.: Philip J. Brehm
The court rejects the argument that under Steven V. v. Kelley H., 2004 WI 47, ¶36, summary judgment is inappropriate when the ground alleged is abandonment.
¶7 … First, Steven V. explained that its discussion of the use of summary judgment procedure on grounds proven by documentary evidence versus those proven by non-documentary evidence was not “mean[t] to imply that the general categorization of statutory grounds in this and the preceding paragraph represent a definitive statement about the propriety of summary judgment in any particular case.” Id.
TPR- Ineffective Assistance – Change of Placement, Warnings; Disposition, Exercise of Discretion
State v. Jesenia R., 2009AP2906, District 1, 8/24/10
court of appeals decision (1-judge, not for publication); for Jesenia R.: Mary D. Scholle, SPD, Milwaukee Appellate
No prejudice resulted from counsel’s failure to object to violation of the change-of-placement notice requirement in § 48.357. ¶¶15-16.
The background is a bit fact-intensive. Roughly: The child (Elizabeth) had been placed with a foster family, who moved to Idaho and took Elizabeth with them,
TPR — Prior TPR as Grounds, Based on Default Judgment
Oneida Co. DSS v. Nicole W., 2007 WI 30, affirming unpublished decision
Issue: Whether partial summary judgment against Nicole was properly granted under Wis. Stat. § 48.415(10) (prior involuntary TPR within 3 years) when the prior termination order was based on her default for failing to personally appear at the fact-finding hearing.
Holding:
¶27 We agree with the court of appeals that to require more evidence than a prior involuntary termination order to satisfy Wis.
TPR — Partial Summary Judgment (as to Fact-Finding Hearing) – Basis and Proof – Prior TPR, Grounds for
Oneida Co. DSS v. Nicole W., 2007 WI 30, affirming unpublished decision
Issue: Whether partial summary judgment against Nicole was properly granted under Wis. Stat. § 48.415(10) (prior involuntary TPR within 3 years) when the prior termination order did not state the explicit § 48.415 ground relied on.
Holding:
¶2 We conclude that Wis. Stat. § 48.415(10)(b) does not require proof of which § 48.415 ground was relied upon for a prior termination of parental rights because the phrase,
Parental Responsibility / Fitness, § 48.415(6) – Relevance of Father’s Conduct After Discovery He Is Child’s Father
State v. Bobby G., 2007 WI 77, reversing a summary order remanding the case to the court of appeals.
Issue/Holding:
¶5 For the reasons set forth, we hold that in determining whether a party seeking termination of parental rights has proven by clear and convincing evidence that a biological father has failed to assume parental responsibility under Wis. Stat. § 48.415(6), a circuit court must consider the biological father’s efforts undertaken after he discovers that he is the father but before the circuit court adjudicates the grounds of the termination proceeding.