On Point blog, page 2 of 15
COA rejects challenge to circuit court’s discretionary termination order
Sheboygan County DHHS v. J.L., 2023AP1884, 1/3/24, District 2 (one-judge decision; ineligible for publication); case activity
In yet another appeal of the circuit court’s discretionary decision to terminate a parent’s rights, COA easily rejects J.L.’s invitation to reweigh the evidence.
COA says stipulation to no placement while father was in prison justifies TPR unfitness finding
R.G. v. J.J., 2023AP630, 1/9/24, District 3 (one-judge decision; ineligible for publication); case activity
The father here–whom the court calls “Jacob”–appeals the termination of his parental rights to his son, “Hank.” About a year and a half after Hank was born, Jacob went to prison for sexual assault of a different child. Around this time, Jacob and his ex-wife, “Rita,” stipulated in their divorce proceeding that Jacob would have no placement of Hank “until further order of the court.” About three and a half years later, Rita moved to terminate Jacob’s parental rights to Hank, alleging among other things that he’d been denied physical placement for more than a year under Wis. Stat. § 48.415(4). Jacob principally argues his agreement to forego placement while he was incarcerated doesn’t constitute a “denial,” so the statutory ground doesn’t apply.
COA rejects sufficiency and erroneous exercise of discretion challenges in TPR appeal
State v. M.E.E., 2023AP1510, 11/28/23, District I (one-judge decision; ineligible for publication); case activity
In a dense and fact-dependent opinion, COA affirms under well-settled standards of review.
COA applies and rejects Jodie W. based challenge to “continuning denial” based TPR order
Jackson County DHS v. R.H.H., 2023AP1229-1232, 11/16/23, District IV (one-judge decision, ineligible for publication); case activity
In Kenosha Cnty. DHHS v. Jodie W., 2006 WI 93, ¶56, 293 Wis. 2d 530, 716 N.W.2d 845, the court overturned a TPR order premised on a parent’s failure to meet “an impossible condition of return, without consideration of any other relevant facts and circumstances particular to the parent.” R.H.H. argued that he was likewise subject to an “impossible” condition of return because the dispositional order that denied him placement or visitation with his four children required him to complete sex offender treatment and domestic violence programming. The court rejects his due process-based claim, for multiple reasons, including that R.H.H., failed to introduce evidence to support his assertions that his confinement in prison or his pending criminal appeal made it “impossible” for him to meet his conditions of return. (Op., ¶21).
COA rejects challenges to grounds and dispositional phase in TPR
Jefferson County DHS v. C.T.S., 2023AP1404, 11/2/23, District 4 (one-judge decision; ineligible for publication); case activity
C.T.S. appeals an order terminating his parental rights to his son, K.S. The court of appeals affirms, holding the county adduced sufficient evidence of the continuing CHIPS ground and acted within its discretion in weighing the dispositional factors.
COA affirms TPR, rejects father’s “love of his children” argument
State v. R.T., 2023AP1095 & 2023AP1096, District I, 9/12/23, 1-judge decision ineligible for publication; case activity (briefs not available)
R.T. (“Richard”) pled no contest to grounds but disputed whether his parental rights should be terminated at disposition. Specifically, Richard argued that “there was no support in the record for the court’s finding that it was in the children’s best interests that his parental rights be terminated.” The court of appeals disagrees, noting “there was ample support in the record for the court’s decision.” (Op., ¶15).
Circuit court properly exercised discretion when it entered an individualized order terminating parental rights of one parent
State of Wisconsin v. J.L.A., 2023AP424, District I, 6/27/23, 1-judge decision ineligible for publication; case activity (briefs not available)
In a TPR appeal with a typically tragic fact pattern, the court of appeals defers to the circuit court’s decision to terminate “Julia’s” parental rights.
Circuit court properly exercised discretion in terminating parental rights despite mother’s progress in meeting conditions
Brown County DH & HS v. T.H., 2022AP2168, 2022AP2169, 2022AP2170, & 2022AP2171, District 3, 6/13/23 (one-judge decision; ineligible for publication); case activity (for 2022AP2168, with links to other consolidated cases)
T.H. (“Terese”) argues the circuit court erroneously exercised its discretion in terminating her rights to her four children based on continuing denial of physical placement or visitation grounds, § 48.415(4), because it failed to account sufficiently for, and give appropriate weight to, her positive change and the progress she made in meeting court-ordered conditions for reunification. The court of appeals disagrees, finding the circuit court analyzed all the dispositional factors for each child, employed a rational thought process, and weighed the important factors that were supported by the record.
Defense Win! Invalid waiver of right to counsel results in reversal of TPR order
Winnebago County Department of Human Services v. N.J.D., 2023AP75, 05/03/2023 (District 2) (one-judge opinion, ineligible for publication); case activity
Presented with two strong bases to reverse, the court of appeals picks one and holds that because the record “fails to demonstrate that N.D. waived his right to counsel,” the order terminating his parental rights to his daughter is reversed. (Opinion, ¶1).
Dad’s criminal record appropriately admitted into evidence during grounds phase of TPR
State v. B.L., 2023AP8, 4/11/23, District 1 (1-judge opinion, ineligible for publication); case activity
“Barry” appealed an order terminating his parental rights to his 4 1/2-year-old daughter, Alice. He argued that the circuit court erred in admitting his criminal history during the grounds phase and erred in finding that it was in Alice’s best interest to terminate his rights. He lost on both issues.