On Point: 1. Best interests of the child

State v. A.L.M., 2019AP1599, 2019AP1600, & 2019AP1601, District 1, 11/19/19 (one-judge decision; ineligible for publication); case activity

After A.L.M. pled no contest to failing to assume parental responsibility, the circuit court terminated his parental rights. The evidence was sufficient to support that conclusion.

State v. E.F., 2019AP1559-1561, 11/12/19, District 1, (1-judge opinion, ineligible for publication); case activity

The trial court never uttered the words “best interest of the child” at the dispositional phase of this TPR case. No matter, says the court of appeals, “magical” or “talismanic” words aren’t necessary. The trial court’s decision was “infused with articulated concern” for E.F.’s children. That’s enough. Opinion, ¶¶17-18.

Dane County v. T.R., 2019AP1336-1338, 10/10/19, District 4 (1-judge opinion, ineligible for publication); case activity

This is a confidential case, so we don’t know what the briefs argue or the record shows. However, it seems the circuit court failed to make the findings essential to its order terminating T.R.’s parental rights to her 3 children, and the court of appeals shored up the decision in  order to affirm.

Outagamie County DHHS v. R.P., 2019AP990 & 2019AP991, District 3, 10/1/19 (one-judge decision; ineligible for publication); case activity

The circuit court properly exercised its discretion in terminating R.P.’s parental rights, and in particular didn’t err by not considering a guardianship instead of termination.

State v. K.K.E., 2019AP115-117; 9/24/19, District 1 (1-judge opinion, ineligible for publication); case activity

The trial court terminated K.K.E.’s parental rights based on the best interests of her three daughters. On appeal, K.K.E. conceded that the trial court addressed the 6 “best interests of the child” factors required by §48.426(3). But she challenged the weight the trial court assigned to each factor. In affirming, the court of appeals explains how a trial court’s weighing of these factors is virtually unassailable on appeal.

Dane County DHS v. T.S., 2019AP415, 5/9/19, District 4 (1-judge opinion, ineligible for publication); case activity

At the grounds phase of this TPR case, T.S. challenged the circuit court’s application of  §48.415(2), the CHIPS ground for terminating his parental rights. He also argued that at the disposition phase the circuit court ignored one of the “best interests of the child” factors required by §48.426(3) and substituted in an improper factor.  He lost on both counts.

D.R. v. B.D., 2018AP1731 & 2018AP1732, District 3, 2/20/19 (one-judge decision; ineligible for publication); case activity

B.D.’s challenges to the order terminating his parental rights come up short.

State v. T.W., 2018AP967 & 2018AP968, District 1, 8/21/18 (one-judge decision; ineligible for publication); case activity

At the trial on the petition to terminate T.W.’s parental rights, the GAL argued in closing that the jury should consider the interests of the children. T.W.’s lawyer didn’t object, but the court of appeals holds that failure wasn’t prejudicial and so rejects T.W.’s claim that trial counsel was ineffective.

State v. L.J., 2017AP1225, 2017AP1226, & 2017AP1227, District 1, 5/1/18 (one-judge decision; ineligible for publication); case activity

L.J. challenges her no-contest plea to there being grounds to terminate her parental rights to three of her seven children. She argues the plea wasn’t knowing and voluntary and that § 48.415(6), the statute regarding failure to assume parental responsibility, is unconstitutional as applied to her. She also argues there was improper testimony at the disposition hearing. The court of appeals rejects each claim.

State v. M.D.W., 2017AP1945 & 1946, 1/23/18, District 1 (one-judge decision; ineligible for publication); case activity

M.D.W. appeals only the disposition in the TPR of her two children. She argues that the court erred in its consideration of the statutory factors. The court of appeals disagrees.