On Point: 8. Procedures

A.K.B. v. J.J.G., 2024AP1116, 10/9/24, District II (one-judge decision; ineligible for publication); case activity

“Jay” appeals from orders terminating his parental rights and denying his postdisposition motion, arguing the circuit court erroneously exercised its discretion when it terminated his parental rights under the voluntary termination statute, Wis. Stat. § 48.41, rather than applying the hearing procedure for involuntary terminations as set forth in § 48.422. The COA affirms.

State v. R.A.M., 2024 WI 26, 6/25/24, affirming an unpublished court of appeals decision; case activity (including briefs)

In a 5-2 defense win, SCOW concludes that a statute requiring the circuit court to wait two days before proceeding to disposition after finding a parent in default means what it says.

State v. D.W. Jr., 2022AP1397, 10/18/22, (1-judge opinion, ineligible for publication); case activity

D.W. Jr. has along criminal history. He was incarcerated when his son, J.W., was born, and the two had never lived together. In fact, J.W. and his brother lived with a foster parent, who was also an adoptive resource for both of them. When the circuit court terminated D.W.’ Jr.’s parental rights, he argued that the court neglected to consider a dispositional alternative– the appointment of a guardian for J.W. It didn’t fly.

Outagamie County v. J.M.J., 2019AP183, 6/27/19, District 3 (1-judge opinion, ineligible for publication); case activity

The parties to this TPR case agreed that they would not bring up J.M.J.’s lack of rights, or the termination of rights, to her other children. But during the trial on grounds, an expert, responding to questions from the County, referred to her son whom she had given up for adoption.  J.M.J. argued that this amounted to prosecutorial misconduct by the County.

State v. D.C., 2017AP1635, 3/20/18, District 1 (one-judge opinion; ineligible for publication); case activity

The circuit court terminated D.C.’s parental rights to his child, A.D.C.  On appeal, D.C. argued that the trial court (1) lost competency to proceed when it failed to conduct an initial appearance in the case, and (2) erred in denying his request for discovery of emails between the ADA and the Child Protective Services case manager.

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.

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.

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.

Green County DHS v. Barret W.S., 2014AP1155, District 4, 8/14/14 (1-judge; ineligible for publication); case activity

The circuit court didn’t err by allowing a child’s guardians to participate as a party in a proceeding to terminate the father’s rights to the child because, while ch. 48 does not expressly state that guardians are “parties” in a termination proceeding, pertinent statutes support allowing the guardians to participate as a party. In addition, the circuit court properly granted summary judgment against the father and didn’t err in making certain evidentiary rulings during the dispositional phase.

State v. Jimmy J., 2014AP573, District 1, 8/5/14 (1-judge; ineligible for publication); case activity

Trial counsel had a reasonable strategic reason for not objecting to court’s instructing TPR jury that while agreement of 10 or more jurors was necessary as to each verdict question, the same 10 jurors should agree on all the answers.