On Point: 40. TPRs

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.

Jefferson County DHS v. C.C., 2016AP1983, District 4, 12/21/16 (one-judge decision; ineligible for publication); case activity

The circuit court properly granted summary judgment on the petition terminating C.C.’s parental rights despite C.C.’s claims that the circuit court violated the mandatory notice provision under § 802.08(2) and that a genuine issue of material fact exists on the issue of grounds for termination.

State v. A.W., 2016AP121 through 125, 12/8/16, District 1 (1-judge opinion; ineligible for publication); case activity

When A.W. did not appear for her pretrial and was not reachable by phone, the court entered a default finding as to grounds for a TPR. She moved to vacate that finding, but then withdrew her motion. On appeal, she argued that (1) trial counsel was ineffective for advising her to withdraw the motion to vacate, and (2) the circuit court should have vacated the default so that she could address false information admitted in her case. The court of appeals refused to address the 2nd argument for reasons that penalized A.W. for mistakes her appellate lawyer allegedly made.

State v. T.R.D., 2016AP1413, District 1, 11/29/16 (one-judge decision; ineligible for publication); case activity

T.R.D. challenges the circuit court’s conclusions that she was an unfit parent and that it was in the best interests of her child for T.R.D.’s parental rights to be terminated. The court of appeals rejects the challenges.