On Point: 10. Sufficiency of

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.

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).

Rusk County DHHS v. R.S., 2022AP1530, District 3, 1/20/23 (one-judge decision; ineligible for publication); case activity

R.S. (“Ruth”) argues that at the trial on the County’s petition to terminate her parental rights, the County Department of Health and Human Services didn’t prove it made reasonable efforts to provide the services ordered in the original CHIPS dispositional order. The court of appeals rejects the claim.

State v. J.W., 2022AP1338, District 1, 10/4/22 (one-judge decision; ineligible for publication); case activity

J.W.’s challenges the sufficiency of the evidence at both the grounds and dispositional phases of the proceeding that terminated his parental rights to J.W., Jr. The court of appeals rejects his arguments.

State v. D.T., 2022AP909, 8/23/22, District 1 (oen-judge decision; ineligible for publication); case activity

D.T. showed up late for his Zoom TPR trial. It had been set for 9:00; D.T. appeared at 11:00 and said he was having eye trouble that kept him from logging in. The circuit court defaulted him and declined to vacate that default. The court of appeals affirms, noting that D.T. had missed other hearings.

State v. M.B., 2022AP89, District 1, 7/19/22 (one-judge decision; ineligible for publication); case activity

M.B. entered a no contest plea to failing to assume parental responsibility and to her daughter being in continuing need of protection or services. During the plea colloquy, the circuit court suggested she had the “same trial rights” at the dispositional phase as at the grounds phase. (¶¶3-4). This, M.B. argues, was a flaw in the colloquy because it misstated the correct statutory standard to be applied at disposition—the best interests of the child—and suggests the state had a burden it doesn’t have; thus, she should be allowed to withdraw her plea. (¶¶11, 13). The court of appeals disagrees.

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.

State v. A.C.M., 2018AP2423-2424, 11/12/19, District 1 (1-judge opinion, ineligible for publication); case activity

A.C.M.’s trial lawyer did not call her psychiatrist to testify about her mental health or her medication compliance–evidence that was important to the issue of whether she posed a safety risk to her children. The court of appeals held that even if counsel should have called the doctor, her failure to do so didn’t prejudice A.C.M.

Outagamie County DHHS v. R.P., 2019AP990 & 2019AP991, District 3, 10/1/19 (one-judge decision; ineligible for publication); case activity

The circuit court properly exercised its discretion in terminating R.P.’s parental rights, and in particular didn’t err by not considering a guardianship instead of termination.

State v. R.H., 2018AP1827, District 1, 12/4/18 (1-judge opinion, ineligible for publication); case activity

The standard of review doomed this appeal, which argued that there was insufficient evidence to support the trial court’s finding that R.H. failed to assume parental responsibility during the grounds phase of a TPR.