On Point blog, page 6 of 15
Defense win! TPR reversed due to failure to address all “best interest” factors
State v. A.P., 2022AP95-97, 4/26/22, District 1 (1-judge opinion, ineligble for publication); case activity
Seems like we went years without a defense win in a TPR appeal. Then–just like that–we get 4 citable defense wins in 9 months. See also this win, this win, and this win! At the disposition stage in A.P.’s case, the circuit court was supposed to consider the 6 “best interests of the children” factors, but it only considered 5. The testimony on the missing factor was conflicting. Thus, the court of appeals reversed this TPR and remanded for further proceedings.
TPR affirmed: court applied “best interests of the child” factors appropriately
State v. S.J., 2022AP160, 4/19/22, District 2 (1-judge opinion, ineligible for publication); case activity
“Sharon” pled “no contest” to being an unfit parent, and then the circuit court held that it was in “Danielle’s” best interests to terminate Sharon’s parental rights so that Danielle’s paternal aunt could adopt her. Sharon appealed that decision arguing that the circuit court failed to give sufficient consideration to 1 of the 6 “best interests of the child” factors in §48.426(3).
In TPR appeal, foster mom seems to be winner
Jackson County DHHS v. K.M.G., 2021AP2159, 3/17/22, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)
Shortly after birth, V.J.T. was placed with a foster mom, a cousin of V.J.T.’s biological mother. Meanwhile, K.M.G., (the biological father) and T.T. (a biological grandfather) remained involved with V.J.T. The grandfather even wanted to be the child’s guardian, a result a child psychologist supported. The circuit court nevertheless, terminated the father’s parental rights when V.J.T. was 2. The court of appeals affirms mostly because V.J.T. had been with a foster mother since birth.
Evidence held sufficient to support termination of incarcerated mom’s parental rights
State v. N.H., 2021AP2035-2039, 2/22/22, District 1 (1-judge opinion, ineligible for publication); case activity
A trial court terminated N.H.’s parental rights to her 5 children. On appeal she argued that there was insufficient evidence to support findings that she was an unfit parent and that terminating her rights was in the best interest of her children. The court of appeals affirmed.
Evidence supported verdict finding continuing CHIPS ground at TPR trial
Douglas County DHHS v. J.S., 2021AP1123, District 3, 12/29/21 (one-judge decision; ineligible for publication); case activity
The court of appeals rejects J.S.’s claim that the County didn’t prove it made a reasonable effort to provide her with the services she was ordered in the CHIPS proceeding to use as a condition for returning her child to her home.
COA affirms TPR based on best interests of the child
State v. M.P.H.-R., 2021AP1628, 11/23/21, District 1 (1-judge opinion, ineligible for publication); case activity
M.P.H.-R gave birth to A.S.H. in 2011 when she was just 14 years old. Since then both mother and daughter have suffered mental health problems. They lived together briefly twice over the intervening 10 years. Otherwise, for 7 years A.S.H. has lived with a foster family. The trial court terminated M.P.H.-R.’s parental rights based on §48.426(3)‘s “best interests of the child” factors. The court of appeals affirmed.
GAL didn’t improperly argue best-interests standard at TPR trial; Zoom disposition hearing didn’t violate parent’s right to be present
La Crosse County DHS v. B.B. and E.B., 2020AP2030 & 2020AP2031, District 4, 9/30/21 (one-judge decision; ineligible for publication); case activity
B.B. and E.B. challenge the order terminating their parental rights, arguing that the guardian ad litem improperly invoked the children’s best interest standard during the grounds trial and that conducting the dispositional hearing via Zoom violated their due process rights. The court of appeals rejects both arguments.
Court’s failure to expressly find parent “unfit” didn’t invalidate TPR order
Sheboygan County DH&HS v. S.K., 2021AP158, District 2, 5/12/21 (one-judge decision; ineligible for publication); case activity
Though § 48.424(4) says that if grounds for termination of parental rights are found, “the court shall find the parent unfit,” the circuit court’s failure to utter those words doesn’t make the TPR order invalid.
In TPR, court of appeals rejects challenges to default on grounds and exercise of discretion in disposition
State v. A.M.-C., 2021AP94 & 2021AP95, 3/30/21, District 1 (one-judge decision; ineligible for publication); case activity
The state petitioned to terminate A.M.-C.’s rights to two of her children on failure-to-assume and continuing-CHIPS grounds. After being told (apparently via interpreter, as Spanish is her first language) that she had to attend all hearings, A.M.-C. moved to New York City. The circuit court rejected her request to attend by telephone, found her in default, and after prove-up, found her unfit. It later found termination of her rights to be in the children’s best interest.
COA affirms TPR on grounds and dispo
State v. D.Q., 2020AP1109, 9/22/20, District 1 (one-judge decision; ineligible for publication); case activity
D.Q. fathered a child, K.C., with a woman here called N.E.C. D.Q. wasn’t involved with K.C. for three years after her birth; he had reason to suspect he was the father but did not seek to confirm this by testing. During that time, K.C. was taken from N.E.C.’s home for various intervals via CHIPS proceeding. N.E.C. also became involved with another man who played a substantial part in caring for K.C.