On Point: 40. TPRs

Kenosha County DHS v. C.D.K., 2015AP2179, 3/30/17, District 2 (one-judge decision; ineligible for publication); case activity

C.D.K. entered a plea to grounds for termination of her parental rights, and eventually, they were terminated. She claims on appeal that her trial counsel failed to advise her competently about the decision to admit grounds, and that she did not understand certain information, rendering her admission not knowing, intelligent and voluntary.

Jefferson County Human Serv. Dep’t v. V.B., 2016AP2468-2469, 3/16/17, District 4 (1-judge opinion; ineligible for publication); case activity

The circuit court found that V.B.’s children were in continuing need of protective services and thus there it had grounds to terminate her parental rights pursuant to §48.415(2).  On appeal,V.B. unsuccessfully challenged the evidence supporting the 3rd and 4th elements of continuing CHIPS–namely, that the county made reasonable efforts to provide court-ordered services to V.B. and that V.B. failed to meet the conditions for return of her children.

Racine County HSD v. R.E., 2016AP2039, 3/15/2017, District 2 (one-judge decision; ineligible for publication); case activity

The record supported the circuit court’s grant of partial summary judgment on grounds of abandonment because there was no genuine issue of material fact as to whether R.E. had failed to visit or communicate with her child, S.E., for a period of three or more months, § 48.415(1)(a)2.

State v. D.T., 2016AP1488, 2/21/17, District 1 (1-judge opinion, ineligible for publication); case activity

D.T. sought to withdraw her stipulation that the court had grounds to terminate her parental rights. She said the court made conflicting statements during its colloquy with her, such as  “it’s never too late to meet the conditions of return.” The court of appeals noted that the circuit court later clarified this remark by stressing that the focus of the subsequent dispositional hearing would be on the child’s best interests. 

Dane County D.H.S. v. J.B., 2016AP2422, District 4, 2/16/17 (1-judge opinion, ineligible for publication); case activity

To terminate parental rights based on the “continuing CHIPS” ground, the jury had find that there was a substantial likelihood that JB would not meet the conditions for the safe return of her child within 9 months of the hearing. §48.415(2)(a).  The circuit court admitted a social worker’s expert testimony on this issue, apparently without following §907.02 and Daubert v. Merrell Dow Pharmacueticals. The court of appeals assumed error but declared it harmless.

State v. D.P.V., 2016AP2037, District 1, 2/14/17 (one-judge decision; ineligible for publication); case activity

A circuit court does not have the authority to stay an order terminating parental rights.

State v. P.T., 2016AP1460, 1/24/17, District 1 (1-judge opinion; ineligible for publication); case activity

P.T. challenged a circuit court decision terminating his parental rights to his son on 2 grounds: (1) his stipulation to ground for termination was not knowing, intelligent and voluntary under Bangert, and (2) the postdisposition court should not have reviewed the transcript of the stipulation colloquy when deciding issue (1). He lost on both counts.

State v. L. H.-H., 2016AP917, 1/18/17, District 1 (1-judge decision; ineligible for publication); case activity

L.H.H. seeks to withdraw his plea to the single T.P.R. ground of failure to assume parental responsibility. He contends he did not understand that a plea would result in a finding that he was an unfit parent; the court of appeals upholds the circuit court’s finding that he did.

State v. B.H., 2016AP892-893, District 1, 12/28/16 (1-judge opinion, ineligible for publication)

B.H.’s twins were taken from her due to a report of violence between her and their father. The trial court found that she had failed to meet the conditions for their return and to assume parental responsibility. B.H. argues that those findings rest upon inadmissible hearsay in the form of testimony from the foster mother and from a social worker and in the form of a letter from the Bureau. B.H. asserts that trial counsel’s failure to object to this evidence amount to ineffective assistance of counsel.

T.M.H. v. A.N.W., 2016AP1981, District 4, 12/29/16 (one-judge decision; ineligible for publication); case activity

The biological father of J.H. petitioned to terminate the parental rights of the biological mother, A.W. The circuit court granted the petition, but only after concluding it could order continued visitation between J.H. and his maternal great-grandmother, with whom J.H. had an important relationship. It turns out the circuit court did not have that authority. Because the circuit court said it “absolutely, positively” would not terminate A.W.’s rights unless it could order continued visitation by the great-grandmother, the termination order is reversed.