On Point blog, page 6 of 12
COA rejects challenges to TPR
Portage County DH & HS v. C.Z & S.Z., 2022AP1249-1252; 11/3/2022, District 4 (one-judge decision; ineligible for publication); case activity
C.Z. appeals the termination of his parental rights to his four children. The court of appeals affirms.
COA upholds TPR
Juneau County D.H.S. v. R.M., 2022AP1260, 9/29/22, District 4 (one-judge decision; ineligible for publication); case activity
R.M. appeals the termination of her parental rights to her son, M.M.
TPR order affirmed
State v. J.W., 2022AP1338, District 1, 10/4/22 (one-judge decision; ineligible for publication); case activity
J.W.’s challenges the sufficiency of the evidence at both the grounds and dispositional phases of the proceeding that terminated his parental rights to J.W., Jr. The court of appeals rejects his arguments.
Trial court didn’t deprive parent of right to present evidence at TPR dispositional hearing
State v. Q.M., 2022AP1245, District 1, 10/4/22 (one-judge decision; ineligible for publication); case activity
Q.M. challenges the termination of her parental rights to J.W., arguing the circuit court erred in depriving her of the right to present evidence at the disposition hearing. The court of appeals rejects the challenge.
Circuit court sufficiently examined facts in deciding to terminate parental rights
State v. J.D.C., Jr., 2022AP1028, District 1, 9/27/22 (one-judge decision; ineligible for publication); case activity
The court of appeals rejects J.D.C.’s claim that the circuit court erroneously exercised its discretion in deciding that termination of J.D.C.’s parental rights was in the best interest of his parental rights to C.M.M.
Evidence at grounds hearing was sufficient to support termination of parental rights
Brown County DHS v. K.Y.T., 2022AP531, District 3, 9/27/22 (one-judge decision; ineligible for publication); case activity
The county petitioned to terminate K.Y.T.’s parental rights to M.Z. alleging abandonment for both a 3-month and a 6-month period and failure to assume parental responsibility. The evidence was sufficient to support the jury’s verdict that the county proved both grounds.
In TPR appeal, foster mom seems to be winner
Jackson County DHHS v. K.M.G., 2021AP2159, 3/17/22, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)
Shortly after birth, V.J.T. was placed with a foster mom, a cousin of V.J.T.’s biological mother. Meanwhile, K.M.G., (the biological father) and T.T. (a biological grandfather) remained involved with V.J.T. The grandfather even wanted to be the child’s guardian, a result a child psychologist supported. The circuit court nevertheless, terminated the father’s parental rights when V.J.T. was 2. The court of appeals affirms mostly because V.J.T. had been with a foster mother since birth.
Defense win! Dad wins hearing on motion to withdraw TPR plea
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.
CoA rejects proposed guardianship and NTIJ challenge to TPR order
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.
GAL didn’t improperly argue best-interests standard at TPR trial; Zoom disposition hearing didn’t violate parent’s right to be present
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.