On Point: F. Fact-finding, Sec. 48.424

State v. J.J., 2016AP194 & 2016AP195, 4/12/2016, District 1 (one-judge decision; ineligible for publication); case activity

J.J., the father, appeals the termination of his rights to his two children, J.J. and A.J., challenging not the finding of unfitness but only the court’s determination that termination was in the best interest of each child.

Barron County DHHS v. J.H., 2015AP1529, District 3, 1/13/16 (one-judge decision; ineligible for publication); case activity

J.H.’s claims that her trial counsel was ineffective are rejected because trial counsel’s actions were either not deficient or not prejudicial.

Adams County DHHS v. D.S., 2015AP1937, District 4, 12/10/2015 (one-judge decision; ineligible for publication); case activity

D.S. appeals the termination of her parental rights to her daughter, raising a substantive due process challenge to the jury’s finding of unfitness and contending that the circuit court erroneously found termination to be in the child’s best interest.

La Crosse County HSD v. C.J.T., 2015AP252, District 4, 10/16/15 (one-judge decision; ineligible for publication); case activity

The fact that the County’s attorney handling this TPR proceeding retained the GAL in the case to represent the her in an unrelated personal injury matter didn’t create a conflict of interest that required a new trial.

State v. C.S., 2015AP1345, 10/13/15, District 1 (one-judge opinion, ineligible for publication); case activity

The court of appeals here carefully recites, and then affirms, circuit court findings that the termination of C.S.’s parental rights were in the best interests of her child, M.G. Its analysis, however, displays little regard for the standard of review.

A.N. v. F.S., 2015AP1405 & 2015AP1406, District 3, 10/2/15 (one-judge decision; ineligible for publication); case activity

A circuit court handling a TPR case is not required to make an explicit finding that a parent is unfit before proceeding to the dispositional phase because a finding of unfitness automatically follows from a finding there are grounds to terminate the parent’s rights.

State v. A.W., 2015AP1480-1481, 10/1/15, District 1 (1-judge opinion, ineligible for publication); case activity

Focusing on  §48.426(3)(c), one of the “best interests of the children” criteria, the court of appeals here affirmed the circuit court’s finding that the termination of AW’s parental rights would not significantly harm her children. Evidence that the S.B., the likely adoptive parent, would allow A.W. to continue to see her children supported the circuit court’s decision on this point.

State v. Kamille M., 2014AP2911, District 1, 6/26/15 (one-judge decision; ineligible for publication); case activity

Trial counsel wasn’t ineffective at Kamille M.’s TPR grounds trial for failing to object to hearsay and to the state’s veiled reference to the best interests of the child during closing arguments.

Ozaukee County DHS v. J.R. and S.R., 2804-2809, 6/3/15, District 2 (one-judge opinion, ineligible for publication); click here for docket

Sec. 48.21(7) allows the circuit court to dismiss or informally dispose of a CHIPS petition, if doing so would be in the best interests of the child and the public. The court of appeals reversed the circuit court’s dismissal of several CHIPS petitions in this case because the children at issue were not in custody. The statute, said the court of appeals, applies only to children who are in custody.

State v. Faizel K., 2014AP2035 & 2014AP2036, District 1, 12/2/14 (1-judge decision; ineligible for publication); case activity: 2014AP2035; 2014AP2036

In this fact-intensive decision, the court of appeals holds there was sufficient evidence to support the orders terminating Faizel’s parental rights to his sons Mohammed K. and Robeul K.