On Point: G. Disposition, Secs. 48.426-427

State v. A.G., 2021AP1476, 2/15/22, District 1 (1-judge opinion; ineligible for publication); case activity

Wonders never cease. Parents virtually never win TPR appeals no matter how strong their arguments are. Yet here A.G. wins an evidentiary hearing on not one but two claims that his “no contest” plea was not knowing, intelligent and voluntary.

State v. A.P., 2021AP1146-47, 12/7/21, District 1 (1-judge opinion, ineligible for publication); case activity

A.P. appealed orders terminating his parental rights to his two children. The court of appeals rejected his claim that the circuit court erroneously exercised its discretion when it refused to make his mother the guardian of the children and his new trial in the interests of justice claim.

La Crosse County DHS v. B.B. and E.B., 2020AP2030 & 2020AP2031, District 4, 9/30/21 (one-judge decision; ineligible for publication); case activity

B.B. and E.B. challenge the order terminating their parental rights, arguing that the guardian ad litem improperly invoked the children’s best interest standard during the grounds trial and that conducting the dispositional hearing via Zoom violated their due process rights. The court of appeals rejects both arguments.

State v. D.W., 2021AP1290, District 1, 9/28/21 (one-judge decision; ineligible for publication); case activity

The circuit court properly exercised its discretion in terminating D.W.’s parental rights because the court considered all the relevant factors under § 48.426(3) in reaching its decision.

State v. V.S., 2021AP136, District 1, 4/6/21 (one-judge decision; ineligible for publication); case activity

The record shows the circuit court considered all of the § 48.426(3) factors relevant to determining the best interests of the child and properly applied them to the facts in deciding whether to terminate V.S.’s parental rights to D.D.S.

Jackson County DHS v. M.M.B., 2021AP98 & 2021AP99, District 4, 4/1/21 (one-judge decision; ineligible for publication); case activity

M.M.B. stipulated that there were grounds for terminating her parental rights to her two children, but argued at the disposition phase that termination wasn’t in the best interest of the children. At that hearing, the County presented the testimony of a psychologist who had assessed M.M.B.’s “psychosocial functioning, including issues related to parenting and substance abuse.” M.M.B. objected, arguing the psychologist’s evaluation was not contemporaneous to the dispositional hearing, but had been conducted two years earlier, and thus wasn’t relevant to the issue of the children’s best interests. (¶¶3-6). The circuit court didn’t err in admitting this testimony.

Waushara County DHS v. A.J.P., 2019AP2387, District 4, 4/13/20 (one-judge decision; ineligible for publication); case activity

The circuit court properly exercised its discretion by considering all the factors under § 48.426(3) when it decided to terminate A.J.P.’s parental rights.

State v. D.I.H., 2019AP1874, District 1, 12/27/19 (one-judge decision; ineligible for publication); case activity

D.I.H. challenges the order terminating the parental rights of her mother and father, arguing the circuit court erroneously exercised its discretion in concluding that termination was in her best interests. The court of appeals affirms.

V.A. v. M.W.P., 2019AP1098, District 2, 11/20/19 (one-judge decision; ineligible for publication); case activity

V.A. petitioned to terminate the parental rights of her child’s father, M.W.P., who pled no contest to abandonment. M.V.P. argues the circuit court erroneously exercised its discretion in ordering termination because it failed to dismiss the proceeding or give sufficient weight to the fact that V.A.’s husband, M.A., confronted the child’s GAL about his recommendation against termination, telling the GAL he’d “have blood on his hands.” (¶¶3, 13). No erroneous exercise of discretion here, says the court of appeals.

State v. A.L.M., 2019AP1599, 2019AP1600, & 2019AP1601, District 1, 11/19/19 (one-judge decision; ineligible for publication); case activity

After A.L.M. pled no contest to failing to assume parental responsibility, the circuit court terminated his parental rights. The evidence was sufficient to support that conclusion.