On Point blog, page 34 of 59
TPR court properly excluded evidence offered by parent
State v. C.A.P., 2016AP824, District 1, 7/12/16 (one-judge decision; ineligible for publication); case activity
While § 48.427(1) gives a parent the right to present evidence and be heard at a dispositional hearing, in this case the trial court properly exercised its discretion in excluding two of C.A.P.’s witnesses and denying her request to recall a witness who testified earlier.
Evidence sufficient to support TPR order
State v. J.M., 2016AP817 & 2016AP817, District 1, 7/6/16 (one-judge decision; ineligible for publication); case activity
The evidence introduced at the fact finding hearing was sufficient to establish both continuing CHIPS and failure to assume parental responsibility grounds, and the circuit court properly exercised its discretion in finding that termination was in the best interests of T.M.’s children.
Return conditions not impossible, TPR verdict sustained
State v. K.M., 2016AP421, 5/17/2016, District 1 (one-judge decision, ineligible for publication); case activity
The court of appeals rejects a mother’s two challenges to the termination of her parental rights.
SCOW does not overrule Steven H., except for the holding
St. Croix County Department of Health and Human Services v. Michael D. & Juanita A., 2016 WI 35, 05/12/2016, reversing an unpublished court of appeals decision; case activity
Waukesha County v. Steven H., 2000 WI 28, 233 Wis. 2d 344, 607 N.W.2d 607, finds itself roundly praised and deeply buried by our high court.
Child welfare agency can file TPR petition on any ground
Rock County HSD v. W.J., 2015AP2469, District 4, 5/12/16 (one-judge decision; ineligible for publication); case activity
The county department had authority under § 48.42(1) to file a TPR petition alleging any ground for termination.
As-applied constitutional challenges to TPR rejected
State v. G.H., 2015AP1606, District 1, 4/28/16 (one-judge decision; ineligible for publication); case activity
G.H.’s parental rights to M.R.H. were terminated on the grounds that M.R.H. remained in need of protection or services under § 48.415(2) and that G.H. had failed to assume parental responsibility under § 48.415(6). The court of appeals rejects his claims that these statutes are unconstitutional as applied to him.
Circuit court properly entered default judgment against mom at the grounds phase of TPR proceeding
Waukesha County DH&HS v. K.R.G., 2016AP222, 4/20/16, District 2 (1-judge opinion; ineligible for publication); case activity
The court of appeals here holds that a mom’s failure to follow court orders and failure to make court appearances were egregious enough to justify a default finding of grounds for terminating her parental rights even though she asserted a “desire” and “determination” to participate in the proceeding.
CHIPS orders satisfied statutory notice requirements
State v. M.K., 2015AP2098, District 1, 4/19/16 (one-judge decision; ineligible for publication); case activity
While the second (and final) extension of M.K.’s original CHIPS dispositional order listed only one of the three conditions M.K. had to meet for return of her son, the original order and first extension listed all three, and that’s good enough in the eyes of the court of appeals to satisfy the requirements of § 48.356(2).
Excluding evidence of return of older child harmless in TPR
Jefferson County Department of Human Services v. J.V., 2015AP2622, 2623, & 2624, 4/14/2016, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
J.V. appeals the termination of her parental rights to her three younger children, arguing the circuit court erred in excluding evidence that she had succeeded in having her eldest child returned to her.
TPR orders withstand multiple challenges
State v. C.R.R./State v. M.R., 2015AP1771 & 2015AP1772, District 3, 4/13/16 (one-judge decision; ineligible for publication); case activity
The court of appeals rejects various challenges to orders terminating the parental rights C.R.R. and M.R., the mother and father, respectively, of A.M.R.