On Point: 40. TPRs

State v. R.D.J., 2017AP547, 8/7/18, District 1 (one-judge decision; ineligible for publication); case activity

R.D.J. appeals the termination of his parental rights to his daughter, T.S.J. He argues that his lawyer was ineffective for not challenging the state’s expert’s report on Daubert and undue prejudice grounds, that his due process rights were violated because T.S.J.’s removal from the home made it impossible for him to show a substantial parental relationship, and that the CHIPS order itself established that such a relationship existed.

Monroe County DHS v. A.D., 2018AP825, District 4, 7/5/18 (one-judge decision; ineligible for publication); case activity

A.D. argues the circuit court shouldn’t have granted summary judgment as to the grounds of the petition to terminate her parental rights, which alleged continuing denial of periods of physical placement or visitation under § 48.415(4). She also challenges the constitutionality of § 48.415(4), both on its face and as applied to her. The court of appeals rejects both arguments.

State v. M.A.H., 2017AP1785 & 2017AP1786, District 1, 7/3/18 (one-judge decision; ineligible for publication); case activity

State v. K.C.H., 2017AP1787 & 2017AP1788, District 1, 7/3/18 (one-judge decision; ineligible for publication); case activity

M.A.H. and K.C.H. entered no-contest pleas to the continuing CHIPS grounds alleged in the petitions to terminate the parental rights to their children. They later challenged those pleas, arguing they weren’t voluntary because they were induced by a promise to allow additional visitation  of the children, who were in foster care, pending a disposition hearing if they entered the pleas. Their challenge fails because there was no such promise.

State v. F.E.L., 2017AP2489, 6/5/18, District 1 (one-judge decision; ineligible for publication); case activity

F.E.L. seeks to withdraw his no contest plea at the grounds phase of his TPR proceeding. He contends there was an insufficient factual basis for the single ground he pled to, failure to assume parental responsibility.

State v. P.J., 2018AP376-2018AP381, 5/30/18, District 1, (1-judge opinion, ineligible for publication); case activity

P.J. challenged the termination of her parental rights to her 6 children on the grounds that the circuit court failed to appropriately consider the substantial bond  that she had with her children and improperly relied on testimony by the various foster parents that the children would continue to have contact with each other. The court of appeals affirmed.

As you might guess, parents in TPR appeals don’t fare well in the Wisconsin Supreme Court. This edition of SCOWstats digs deeper and looks at how individual justices have voted in these cases over the past 25 years. Click SCOWstats to find out more.

State v. A.E., 2017AP1773 & 2017AP1774, District 1, 5/8/18 (one-judge decision; ineligible for publication); case activity

This is the third TPR opinion in a week addressing challenges to the denial of a postjudgment fact-finding hearing under § 809.107(6)(am) and a constitutional challenge to the application of the failure to assume parental responsibility standard to a parent whose children have been removed from the home under a CHIPS order. As with the other two cases, the court of appeals rejects the challenges.

State v. L.J., 2017AP1225, 2017AP1226, & 2017AP1227, District 1, 5/1/18 (one-judge decision; ineligible for publication); case activity

L.J. challenges her no-contest plea to there being grounds to terminate her parental rights to three of her seven children. She argues the plea wasn’t knowing and voluntary and that § 48.415(6), the statute regarding failure to assume parental responsibility, is unconstitutional as applied to her. She also argues there was improper testimony at the disposition hearing. The court of appeals rejects each claim.

State v. C.W., 2017AP1228-1230, 5/1/18, District 1 (1-judge opinion, ineligible for publication); case activity

Among several interesting challenges to the termination of his parental rights, C.W. argues that he was statutorily entitled to an evidentiary hearing on his claim that his “no contest” plea was not knowing and intelligent and that SCOW should withdraw language from State v. Margaret H., 2000 WI 42, 234 Wis. 2d 606, 610 N.W.2d 475.

Adams County HHS Dep’t v. M.J.A., 2018AP249, District 4, 4/26/18 (one-judge decision; ineligible for publication); case activity

The circuit court granted the Department’s motion for summary judgment and terminated M.J.A.’s parental rights on continuing CHIPS grounds. The court should not have done that, because the parties’ summary judgment submissions show there is a genuine issue of material fact for trial.