On Point blog, page 5 of 5
TPR – Directed Verdict, Grounds – Abandonment
Dane Co. DHS v. Lee H., 2011AP1138, District 4, 12/8/11
court of appeals decision (1-judge, not for publication); for Lee H.: Theresa J. Schmieder; case activity
The trial court did not err in directing answers to special verdict questions with respect to two elements of grounds for terminating parental rights (existence of order containing TPR notice placing the child outside the parent’s home; failure to visit or communicate with child 3 months or longer).
TPR, Sufficiency of Evidence — Jury Verdict That State Failed to Prove Grounds
State v. Lamont D., 2005 WI App 264
Issue Whether the State sufficiently proved grounds to support TPR such that the court should change the jury’s special verdict to the contrary.
Holding: “Because the record contains contradictory evidence and a key witness did not testify, and because it is possible the jury did not believe that the State proved the six-month period of abandonment, the trial court’s refusal to change the verdict answer or to grant a new trial was not ‘clearly wrong,’” ¶1.