On Point: 40. TPRs

Sheboygan County DH&HS v. E.C., 2021AP1655, 4/20/22, District 2; (1-judge opinion, ineligible for publication); case activity

While “Nina” was married to “John,” she became pregnant with “Eric’s” baby. A court found the baby to be a “child in need of protective services” and gave the standard TPR warning to Nina, but not to Eric.  Afterward, Eric established that he was the baby’s father. When the court terminated his parental rights in this case, he argued that his exclusion from the earlier CHIPS proceeding violated his right to due process and provided “good cause” for failing to establish a substantial relationship with the baby. The court of appeals rejected both arguments.

State v. S.J., 2022AP160, 4/19/22, District 2 (1-judge opinion, ineligible for publication); case activity

“Sharon” pled “no contest” to being an unfit parent, and then the circuit court held that it was in “Danielle’s” best interests to terminate Sharon’s parental rights so that Danielle’s paternal aunt could adopt her. Sharon appealed that decision arguing that the circuit court failed to give sufficient consideration to 1 of the 6 “best interests of the child” factors in §48.426(3).

Dane County DHS v. A.D., 2022AP76 & 2022AP77, District 4, 3/31/22 (one-judge decision; ineligible for publication); case activity

Another case showing that in TPR proceedings, “egregious” conduct is coming to mean “missing one hearing.”

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.

State v. N.H., 2021AP2035-2039, 2/22/22, District 1 (1-judge opinion, ineligible for publication); case activity

A trial court terminated N.H.’s parental rights to her 5 children. On appeal she argued that there was insufficient evidence to support findings that she was an unfit parent and that terminating her rights was in the best interest of her children. The court of appeals affirmed.

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.

Dunn County Human Services v. N.R., 2021AP129 & 2021AP1830, District 3, 1/28/22 (one-judge decision; in eligible for publication); case activity

The circuit court properly exercised its discretion in allowing the foster parent of N.R.’s children to testify at the grounds trial in N.R.’s TPR proceeding.

Dane County DHS v. J.F., 2021AP1868 & 2021AP1869, District 4, 1/13/22 (one-judge decision; ineligible for publication); case activity

The circuit court properly denied J.F.’s request for a new lawyer on the morning of the first day of her TPR grounds trial.

Douglas County DHHS v. J.S., 2021AP1123, District 3, 12/29/21 (one-judge decision; ineligible for publication); case activity

The court of appeals rejects J.S.’s claim that the County didn’t prove it made a reasonable effort to provide her with the services she was ordered in the CHIPS proceeding to use as a condition for returning her child to her home.

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.