On Point blog, page 12 of 12
Competency of TPR Court – Statutory Time Limits–Failure to Comply with § 48.427(1) 10-day Limit for Entering Dispositional Order
Dane Co. DHS v. Dyanne M., 2007 WI App 129, District 4, 3/29/07 (published)
Competency of TPR Court – Statutory Time Limits, Generally
Issue/Holding:1: Generally, compliance with a statutory TPR time limit is mandatory, such that non-compliance results in lost circuit court competency absent an applicable exception, ¶5, citing Dane Co. DHS v. Susan P.S., 2006 WI App 100, ¶63.
Issue/Holding:2: The following is a non-exhaustive list of examples of lost judicial competency for lapse of a time limit without obtaining a proper extension under § 48.315,
Disposition – Discretion Properly Exercised
Waukesha Co. DHHS v. Teodoro E., 2008 WI App 16, District 2 (published)
Issue/Holding: The trial court properly exercised discretion in terminating rights:
¶25 Teodoro finally argues that at the dispositional stage, the trial court erroneously determined that termination of his parental rights would be in the best interests of the children. This determination is committed to the circuit court’s discretion, and will not be overturned unless that discretion is erroneously exercised.