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COA: Circuit court may, sua sponte, relieve parent from voluntarily terminating parental rights when extraordinary circumstances are presented.
M.S. v. R.F., 2024AP814, District I, 11/19/24 (one-judge decision; ineligible for publication); case activity
The Court of Appeals affirmed the circuit court’s order granting M.S. (referred to as Michelle) relief from her voluntary termination of parental rights because her decision to terminate was premised on terminating R.F.’s (referred to as Richard) parental rights, and the Court of Appeals in a previous decision remanded the case to the circuit court for a new trial on whether grounds existed to terminate Richard’s rights.
COA affirms circuit court’s decision to proceed under voluntary termination of parental rights statute, Wis. Stat. § 48.41
A.K.B. v. J.J.G., 2024AP1116, 10/9/24, District II (one-judge decision; ineligible for publication); case activity
“Jay” appeals from orders terminating his parental rights and denying his postdisposition motion, arguing the circuit court erroneously exercised its discretion when it terminated his parental rights under the voluntary termination statute, Wis. Stat. § 48.41, rather than applying the hearing procedure for involuntary terminations as set forth in § 48.422. The COA affirms.
Defense win: Nonprosecution agreement isn’t void for violating public policy
State v. Debra L. Rippentrop & Steven E. Rippentrop, 2023 WI App 15; case activity (including briefs) 2022AP92-CR and 2022AP93-CR
The nonprosecution agreement the Rippentrops made with the state doesn’t violate public policy and is therefore enforceable, and that requires the criminal charges filed against them to be dismissed with prejudice.
Father’s attempt to voluntarily terminate parental rights dismissed for lack of personal jurisdiction
R.G. v. S.P., 2022AP1876, District 4, 02/16/2023 (one judge opinion; ineligible for publication); case activity
R.G. filed a petition to voluntarily terminate his parental rights to a non-marital child that he had not seen in over seven years. The circuit court dismissed his petition for lack of jurisdiction. R.G. pursued an appeal pro se, arguing that Wis. Stat. § 48.185 supported his petition in Dane County.
COA says mom can’t withdraw her consent to termination of her parental rights
State v. L.N.H., 2022AP209, 9/13/22, District 1, (10judge opinion, ineligible for publication); case activity
The State filed petitions against “Lucy” and “Adam,” seeking to terminate their parental rights to “Anthony.” Adam stipulated to grounds for the TPR, but ultimately not to termination. Lucy consented to termination but later argued that her consent was not knowingly and intelligently made.
Consent to voluntary TPR was valid
C.W. v. M.M., 2021AP330 & 2021AP331, District 3, 7/21/21 (one-judge decision; ineligible for publication); case activity
M.M.’s consent to voluntary termination of parental rights was valid and can’t be withdrawn.
Dad held to have consented to the termination of his parental rights despite misunderstanding the outcome
Walworth County D.H.S&S v. A.J.S., 2018AP1562, 1/2/19, District 2 (1-judge opinion, ineligible for publication); case activity
On Point doesn’t have access to TPR briefs. But judging from the court of appeals opinion, A.J.S. understood that if he voluntarily agreed to terminate his parental rights to his daughter under §48.41, then his mother would become her adoptive parent. Shortly before the hearing A.J.S. was surprised to learn that this outcome was not guaranteed. And, indeed, it did not come to pass.