On Point: 40. TPRs

Outagamie County DHHS v. R.P., 2019AP990 & 2019AP991, District 3, 10/1/19 (one-judge decision; ineligible for publication); case activity

The circuit court properly exercised its discretion in terminating R.P.’s parental rights, and in particular didn’t err by not considering a guardianship instead of termination.

State v. K.K.E., 2019AP115-117; 9/24/19, District 1 (1-judge opinion, ineligible for publication); case activity

The trial court terminated K.K.E.’s parental rights based on the best interests of her three daughters. On appeal, K.K.E. conceded that the trial court addressed the 6 “best interests of the child” factors required by §48.426(3). But she challenged the weight the trial court assigned to each factor. In affirming, the court of appeals explains how a trial court’s weighing of these factors is virtually unassailable on appeal.

State v. T.L.G., 5018AP1291, 9/4/19, District 1 (one-judge decision; ineligible for publication); case activity

T.L.G., who is cognitively limited, appeals the termination of her parental rights to her son. During the proceedings below her lawyer requested a competency evaluation; eventually the court appointed T.L.G. a guardian ad litem. T.L.G. ultimately pleaded no-contest to the asserted ground of continuing CHIPS, and her rights were terminated.

Walworth County DHS v. S.S.K., 2019AP782, 7/17/19, District 2 (1-judge opinion, ineligible for publication); case activity

During the grounds phase of the Walworth County’s TPR case against S.S.K., she “admitted” the ground of continuing CHIPS; she didn’t plead “no contest.”  This distinction proved decisive to the court of appeals’ decision to affirm the termination of her parental rights to her daughter, A.S.L. 

Outagamie County v. J.M.J., 2019AP183, 6/27/19, District 3 (1-judge opinion, ineligible for publication); case activity

The parties to this TPR case agreed that they would not bring up J.M.J.’s lack of rights, or the termination of rights, to her other children. But during the trial on grounds, an expert, responding to questions from the County, referred to her son whom she had given up for adoption.  J.M.J. argued that this amounted to prosecutorial misconduct by the County.

Adams County  Health and Human Serv. Dep’t. v. D.J.S., 2019AP506, District 4, 6/20/19 (1-judge opinion, ineligible for publication; case activity

You don’t see defense wins in TPR appeals very often! In this case, D.J.S., the witnesses, the GAL, and counsel for both parties were at the Adams County Courthouse. For unknown reasons,the judge appeared by videoconference from the Marquette County Courthouse. D.J.S. objected, arguing that under §885.60(2) he had a right to be present in the same courtroom as the judge, and he won!

State v. T.A.D.S., 2018AP2173, District 1, 6/18/19 (one-judge decision; ineligible for publication); case activity

T.A.D.S. pleaded no-contest to the abandonment ground alleged in the petition filed to terminate his parental rights to his daughter, T.S. He argues his plea was invalid because the circuit court’s plea colloquy didn’t correctly explain the statutory standard for the disposition hearing. The court of appeals disagrees.

Juneau County D.H.S. v. S.G.M., 2019AP553-556, 6/6/19, District 4 (1-judge opinion; ineligible for publication); case activity

This appeal presents two issues of TPR law: (1) Whether a county must file an affidavit in support of its summary judgment motion; and (2) Whether Juneau County satisfied the requirement of §48.415(4)(a), which governs the “continuing denial of visitation.”

Barron County DHHS v. S.R.T., 2018AP1574 & 1575, 5/22/19, District 3 (one-judge decision; ineligible for publication); case activity

S.R.T. appeals the termination of his parental rights to his twin sons. He argues the court erroneously entered default judgments on grounds when he didn’t show up for a hearing, that the proceedings violated his right to due process because they were fundamentally unfair, and that the court erred in refusing to vacate the default judgments. The court of appeals rejects all three claims.

Dane County DHS v. T.S., 2019AP415, 5/9/19, District 4 (1-judge opinion, ineligible for publication); case activity

At the grounds phase of this TPR case, T.S. challenged the circuit court’s application of  §48.415(2), the CHIPS ground for terminating his parental rights. He also argued that at the disposition phase the circuit court ignored one of the “best interests of the child” factors required by §48.426(3) and substituted in an improper factor.  He lost on both counts.