On Point blog, page 4 of 12
COA rejects challenge to circuit court’s discretionary termination order
Sheboygan County DHHS v. J.L., 2023AP1884, 1/3/24, District 2 (one-judge decision; ineligible for publication); case activity
In yet another appeal of the circuit court’s discretionary decision to terminate a parent’s rights, COA easily rejects J.L.’s invitation to reweigh the evidence.
COA holds that foster mother’s age need not be considered at TPR disposition
State v. S.H., 2023AP1786, 12/19/23, District I (one-judge decision; ineligible for publication); case activity
S.H. raises a very specific challenge to the order terminating her parental rights to her son, H.C.: that the circuit court failed to consider the age of H.C.’s foster mother with regard to the best interests of the child at disposition. The court of appeals rejects the challenge, and S.H.’s reliance on several prospective adoption cases, because the focus in the TPR context is whether the child is adoptable and whether the TPR would provide stability and permanence to the child, not on “whether a proposed adoptive resource is going to be approved in later proceedings.” Op., ¶19.
COA rejects sufficiency and erroneous exercise of discretion challenges in TPR appeal
State v. M.E.E., 2023AP1510, 11/28/23, District I (one-judge decision; ineligible for publication); case activity
In a dense and fact-dependent opinion, COA affirms under well-settled standards of review.
COA rejects kitchen sink approach in appeal of multi-child TPR
State v. T.J., 2023AP1239-1242, 11/28/23, District I (one-judge decision; ineligible for publication); case activity
Despite a battery of legal challenges, COA swiftly and efficiently marches toward affirmance in this TPR appeal.
COA rejects several challenges to private TPR
D.T.S. v. B.E.C., 2023AP1081, 10/5/23, District 4 (one-judge decision; ineligible for publication); case activity
B.E.C. is A.R.G.’s birth mother. D.T.S. is A.R.G.’s father. D.T.S. had sole physical custody after her mother left A.R.G. in his care when A.R.G. was two. Later, D.T.S. remarried and moved for termination of B.E.C.’s rights to A.R.G., alleging, as relevant here, abandonment. His new wife also petitioned to adopt the girl. The jury found B.E.C. unfit and the circuit court terminated her rights.
COA rejects challenges to dispositional order in TPR case under well-settled standard of review
Chippewa County Department of Human Services v. T.M.J., 2023AP463 & 2023AP464, 10/24/23, District III (one-judge decision; ineligible for publication); case activity
In another fact-dependent decision, COA affirms the circuit court’s order terminating parental rights with respect to 2 children.
COA affirms TPR dispositional order applying well-settled standard of review
State v. S.A., 2023AP1288-1292, 10/10/23, District I (one-judge decision; ineligible for publication); case activity
In a fact-dependent decision, COA affirms the circuit court’s order terminating parental rights with respect to 5 children.
COA affirms TPR, rejects father’s “love of his children” argument
State v. R.T., 2023AP1095 & 2023AP1096, District I, 9/12/23, 1-judge decision ineligible for publication; case activity (briefs not available)
R.T. (“Richard”) pled no contest to grounds but disputed whether his parental rights should be terminated at disposition. Specifically, Richard argued that “there was no support in the record for the court’s finding that it was in the children’s best interests that his parental rights be terminated.” The court of appeals disagrees, noting “there was ample support in the record for the court’s decision.” (Op., ¶15).
COA skirts A.G. claim in TPR appeal based on its reading of the record, applies usual deference to circuit court’s termination order
State v. B.W., 2022AP1329, District I, 9/12/23, PFR granted 12/11/23; affirmed 6/27/2024; (1-judge decision; ineligible for publication); case activity (briefs not available)
In yet another TPR appeal presenting an alleged miscommunication of the dispositional burden of proof, COA’s close read of the record evidence prevents B.W. from obtaining a requested hearing.
COA once again rejects arguments that “direct evidence” from adoptive resources is required at a TPR dispositional hearing
Brown County D.H.S. v. A.K., 2023AP730, 9/6/23, District III (one-judge decision; ineligible for publication); case activity (briefs not available).
A.K. concedes that the circuit court properly exercised its discretion at this dispositional hearing, but argues that the order must still be reversed as there was no direct evidence from the proposed adoptive resource. COA rejects that argument and affirms.