On Point: 40. TPRs

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.

State v. A.G., 2022AP652, two petitions for review of unpublished court of appeals opinions granted 10/11/22; reversed, 2023 WI 61; case activity

Issues for review:

From the State’s petition: Whether A.G., the father who lost his parental rights, knowingly, intelligently, and voluntarily pled “no contest” to grounds for termination of his rights.

From the GAL’s petition: Whether Bangert‘s procedure governing motions to withdraw a criminal guilty plea should apply rigidly to TPR proceedings.

Also from the GAL’s petition. Whether a parent loses his right to appeal after failing to attend a remand hearing without excuse.

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.

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.

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.

State v. M.J.C., 2022AP779, District 1, 10/4/22 (one-judge decision; ineligible for publication); case activity

The court of appeals rejects M.J.C. attempt to withdraw his no contest plea to the petition to terminate his parental rights to J.C.

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.

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.

State v. D.T., 2022AP909, 8/23/22, District 1 (oen-judge decision; ineligible for publication); case activity

D.T. showed up late for his Zoom TPR trial. It had been set for 9:00; D.T. appeared at 11:00 and said he was having eye trouble that kept him from logging in. The circuit court defaulted him and declined to vacate that default. The court of appeals affirms, noting that D.T. had missed other hearings.

M.K.S. v. R.J.F., 2021AP1839, 8/16/22, District 1 (no recommended for publication); case activity

Here is a result we don’t often see: a successful ineffective assistance of counsel claim in a TPR case. A jury found grounds to terminate “Richard’s” parental rights. Allegedly, he had failed to assume parental responsibility for his daughter, “Morgan.” On appeal, he argued that his trial counsel failed to introduce evidence to explain his lack of contact with Morgan and that he was prevented from establishing a relationship with her. The court of appeals agreed that counsel was ineffective.