On Point blog, page 10 of 15
Placing children with their maternal grandfather was not in their best interests
State v. C.L.H., 2017AP1278-1280, 9/6/17, District 1; (1-judge opinion, ineligible for publication); case activity
A circuit court terminated C.L.H.’s parental rights to her biological children, A.L.H., H.H. and M.J.H. The sole issue on appeal was whether the circuit court’s refusal to place the kids with C.H. (their maternal grandfather) and E.B. (his fiancée) amounted to an erroneous exercise of discretion. The court of appeals said “no.”
Challenges to successive TPR proceeding don’t succeed
State v. K.J. & State v. A.W., 2016AP1501/1502 and 2017AP720/721, District 1, 8/8/17 (one-judge decision; ineligible for publication); case activity: 2016AP1501; 2016AP1502; 2017AP720; 2017AP721
The circuit court didn’t lose competency to terminate the parental rights of K.J. and A.W. after an initial TPR petition failed, nor did the doctrine of issue preclusion apply to the second TPR trial.
No error in TPR no-contest procedure or court’s consideration of likely contact with birth parent
State v. M.W., 2016AP2045 & 2046, 7/11/17, District 1 (one-judge decision; ineligible for publication); case activity
M.W. pled no contest to a continuing CHIPS ground in the initial phase of the termination of her parental rights. She argues on appeal that the court erred in hearing factual basis testimony after her plea colloquy and in finding unfitness when she did not agree with some of the factual basis presented.
No error in admitting foster parent’s future contact testimony or in proving up father’s no-contest plea
State v. A.S.F., 2016AP2076, and State v. V.C., Jr., 2016AP2077, both District 1, 7/11/17 (one-judge decisions ineligible for publication); case activity: A.S.F.; V.C.
In this pair of decisions addressing the termination of the parental rights of both parents of J.T.C., the court of appeals rejects the parents’ claim that it was error to allow J.T.C.’s adoptive parent to testify that she would allow contact between the child and members of his biological family if the court terminated the parents’ rights. The court also rejects V.C.’s argument that the circuit court improperly relied on evidence from A.S.F.’s trial to “prove up” the factual basis for V.C.’s no-contest plea to the petition.
Court of appeals affirms TPR of dad who moved out of Wisconsin
State v. J.L.C., 2017AP197, 5/2/17, District 1 (1-judge opinion, ineligible for publication); case activity
J.L.C. argued that the circuit court erroneously terminated his parental rights to his son, K.C., because J.L.C. moved to Arizona, not because J.L.C. failed to provide a safe environment.
Erroneous admission of social worker’s expert testimony on ultimate issue was harmless
Dane County D.H.S. v. J.B., 2016AP2422, District 4, 2/16/17 (1-judge opinion, ineligible for publication); case activity
To terminate parental rights based on the “continuing CHIPS” ground, the jury had find that there was a substantial likelihood that JB would not meet the conditions for the safe return of her child within 9 months of the hearing. §48.415(2)(a). The circuit court admitted a social worker’s expert testimony on this issue, apparently without following §907.02 and Daubert v. Merrell Dow Pharmacueticals. The court of appeals assumed error but declared it harmless.
Counsel’s failure to object to hearsay and opinion evidence was not ineffective
State v. B.H., 2016AP892-893, District 1, 12/28/16 (1-judge opinion, ineligible for publication)
B.H.’s twins were taken from her due to a report of violence between her and their father. The trial court found that she had failed to meet the conditions for their return and to assume parental responsibility. B.H. argues that those findings rest upon inadmissible hearsay in the form of testimony from the foster mother and from a social worker and in the form of a letter from the Bureau. B.H. asserts that trial counsel’s failure to object to this evidence amount to ineffective assistance of counsel.
TPR decision affirmed
State v. T.R.D., 2016AP1413, District 1, 11/29/16 (one-judge decision; ineligible for publication); case activity
T.R.D. challenges the circuit court’s conclusions that she was an unfit parent and that it was in the best interests of her child for T.R.D.’s parental rights to be terminated. The court of appeals rejects the challenges.
TPR “bonding” evidence not prejudicial; court didn’t have to consider relationship with great-grandmother
Portage County DHHS v. D.B., 2016AP1233 & 1234, 11/17/16, District 4 (1-judge decision; ineligible for publication); case activity
D.B. raises challenges to both the disposition and grounds phases of the hearing that resulted in the termination of her rights to her two children. The court of appeals rejects both.
Court of appeals: no error in TPR disposition phase
Dane County DHS v. S.C., 2016AP1787, 11/17/16, District 4 (1-judge decision; ineligible for publication); case activity
S.C. appeals the termination of her parental rights to her daughter D.C. She pled to a continuing CHIPS ground; she challenges only the circuit court’s discretionary conclusion, at the dispositional phase, that termination was in D.C.’s best interest.