On Point: 1. Best interests of the child

State v. J.D.C., Jr., 2022AP1028, District 1, 9/27/22 (one-judge decision; ineligible for publication); case activity

The court of appeals rejects J.D.C.’s claim that the circuit court erroneously exercised its discretion in deciding that termination of J.D.C.’s parental rights was in the best interest of his parental rights to C.M.M.

Brown County DHS v. K.Y.T., 2022AP531, District 3, 9/27/22 (one-judge decision; ineligible for publication); case activity

The county petitioned to terminate K.Y.T.’s parental rights to M.Z. alleging abandonment for both a 3-month and a 6-month period and failure to assume parental responsibility.  The evidence was sufficient to support the jury’s verdict that the county proved both grounds.

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. S.S.M., 2022AP524 & 2022AP525, District 1, 8/2/22 (one-judge decision; ineligible for publication); case activity

Under § 48.415(intro.), termination of parental rights to children subject to the Indian Child Welfare Act (ICWA) requires, in addition to proof of one or more grounds for termination under subs. (1) to (10), proof of “active efforts,” as defined in § 48.028(4)(e)2., to prevent the breakup of the family as well as the unsuccess of those efforts. S.S.M., whose children are not subject to the ICWA, argues that the statute’s failure to require proof of active efforts in all TPR cases violates the right to equal protection the statute because it gives Indian parents greater protection from having their parental rights involuntarily terminated than it does non-Indian parents. The court of appeals rejects the claim.

State v. S.G., 2022AP585-587, 7/19/22, District 1 (1-judge opinion, ineligible for publication); case activity

S.G. argued that the circuit court failed to address 2 of the 6 “best interest” factors in §48.426(3) when it terminated her parental rights to her 3 sons. According to the court of appeals, the record proves otherwise.

State v. M.B., 2022AP89, District 1, 7/19/22 (one-judge decision; ineligible for publication); case activity

M.B. entered a no contest plea to failing to assume parental responsibility and to her daughter being in continuing need of protection or services. During the plea colloquy, the circuit court suggested she had the “same trial rights” at the dispositional phase as at the grounds phase. (¶¶3-4). This, M.B. argues, was a flaw in the colloquy because it misstated the correct statutory standard to be applied at disposition—the best interests of the child—and suggests the state had a burden it doesn’t have; thus, she should be allowed to withdraw her plea. (¶¶11, 13). The court of appeals disagrees.

State v. A.T., 2022AP544, 6/28/22, District 1, (1-judge opinion, ineligible for publication); case activity

Guys, if you have unprotected sex, call or text your partner after. And “Wisconsin law does not require courts to consider race or culture when determining whether to terminate parental rights.” Opinion, ¶29. Those are the two main takeaways from this TPR opinion.

State v. Q.S., 2022AP420-421, 6/14/22, District 1, (1-judge opinion, ineligible for publication); case activity

This appeal concerns whether the circuit court erroneously exercised its discretion when it it held that the termination of Q.S.’s parental rights to his three children was in their best interests.  The court of appeals held that the circuit court applied all of §48.426(3)‘s “best interests of the child” factors. Q.S. simply didn’t like how heavily the circuit court weighed unfavorable evidence. 

State v. M.S.H., 2022AP369, 6/1/2022, District 1 (one-judge decision; ineligible for publication); case activity

The circuit court found M.S.H. to be an unfit parent on summary judgment. Turning to the dispositional phase, the court granted the state’s request to conceal from M.S.H. the identity of the person who the state considered likely to adopt her child.

State v. S.R., 2022AP293, 294 & 295, 6/1/22, District 1 (one-judge decision; ineligible for publication); case activity

S.R. appeals the termination of her parental rights to three of her children.  A jury found her unfit on two grounds: continuing CHIPS and failure to assume parental responsibility. She doesn’t challenge these findings on appeal; she instead attacks the circuit court’s determination that terminating her parental rights was in the children’s best interest.