On Point blog, page 10 of 12
Court of appeals upholds TPR disposition as in children’s best interest
State v. J.J., 2016AP194 & 2016AP195, 4/12/2016, District 1 (one-judge decision; ineligible for publication); case activity
J.J., the father, appeals the termination of his rights to his two children, J.J. and A.J., challenging not the finding of unfitness but only the court’s determination that termination was in the best interest of each child.
TPR affirmed against welter of challenges
Pierce County v. C.S., 2015AP1463 & 2015AP1464, District 3, 2/26/16 (one-judge decision; ineligible for publication); case activity
C.S. challenges the orders terminating her parental rights to her sons, D. S. and K. S., based on their continuing need for protection or services. She raises multiple, fact-specific claims of ineffective assistance of trial counsel and circuit court error. All her claims are rejected.
Court properly exercised discretion in terminating parental rights
Waushara County DHS v. V.L., 2016AP23, District 4, 2/25/16 (one-judge decision; ineligible for publication); case activity
V.L. challenged the circuit court’s decision to terminate her parental rights to her son R.E.L., arguing the circuit court didn’t properly consider four of the factors under § 48.426(3). The court of appeals finds no erroneous exercise of discretion.
TPR court properly exercised discretion
Rock County HSD v. D.B., 2015AP2420, District 4, 2/11/16 (one-judge decision; ineligible for publication); case activity
The court of appeals rejects D.B.’s argument that the circuit court terminated her parental rights to T.J. without properly considering the facts that there was no adoptive resource available for T.J. at the time of termination, that a strong bond existed between T.J. and D.B. and T.J.’s older brother, and that T.J. had consistently expressed wishes to be returned to D.B.’s care.
TPR judge adequately considered bond between child and siblings
State v. L.C., 2015AP1460, District 1, 12/4/15 (one-judge decision; ineligible for publication); case activity
The circuit court properly exercised its discretion in terminating L.C.’s rights to her child T.C. because, as required by § 48.426(3)(c) and State v. Margaret H., 2000 WI 42, 26, 234 Wis. 2d 606, 610 N.W.2d 475, the court considered whether T.C. had substantial relationships with his mother and siblings and whether severing those relationships would harm T.C.
Father’s stipulation to TPR grounds was valid despite later remarks suggesting he didn’t understand the grounds
State v. K.G., 2015AP245, District 1, 10/27/15 (one-judge decision; ineligible for publication); case activity
K.G.’s stipulation to the failure-to-assume-parental-responsibility ground alleged in the TPR petition was valid even though K.G.’s later statements during the disposition hearing suggest he misunderstood what the state would have to prove to establish that ground for termination.
Trial court gave adequate consideration to harm resulting from terminating of parental rights
State v. K.K., 2015AP986, 2015AP987, & 2015AP988, District 1, 8/11/15 (one-judge decision; ineligible for publication); case activity
K.K. argued that in deciding to terminate her parental rights, the circuit court failed adequately to consider the harm resulting from severing the legal relationship between her and her children given the substantial relationship she had with them. The court of appeals holds the court’s exercise of discretion was proper under Darryl T.-H. v. Margaret H., 2000 WI 42, 234 Wis. 2d 606, 610 N.W.2d 475.
Voluntary TPR reversed; circuit court lacked proper evidentiary foundation to support decision to terminate
Caroline P. v. Shawn H., 2014AP2004 & 2014AP2005, District 3, 6/24/15 (one-judge decision; ineligible for publication); case activity
Even if the circuit court considered the statutory factors for termination of parental rights under § 48.426, the court lacked an evidentiary foundation in the record to make a determination as to whether termination was in the best interests of the child.
Court properly exercised discretion in severing legal ties of grandmother in TPR disposition
State v. Jasmine W., 2014AP2960 & 2014AP2961, District 1, 3/18/15 (one-judge decision; ineligible for publication); case activity: 2014AP2960; 2014AP2961
The circuit court applied the proper standard of law to the relevant fact when it declined to place Jasmine’s children with their grandmother, found no substantial relationship between the children and their grandmother, and concluded that it would not cause harm to sever the legal ties between the children and their grandmother.
Parent’s request to revisit TPR order wasn’t supported by new evidence
State v. Tamara B., 2014AP1714, District 1, 2/10/15 (1-judge decision; ineligible for publication); case activity
Tamara requested a new dispositional hearing in the case that terminated her parental rights to her daughter Tamijah, saying there was new evidence that affected the advisability of the termination order. The circuit court properly determined that the evidence she presented wasn’t new.