On Point: 40. TPRs

State v. L.N.S., 2015AP1617, District 1, 4/12/16 (one-judge decision; ineligible for publication); case activity

The evidence regarding the mother’s interaction with her daughter over the daughter’s entire lifetime was sufficient to support the jury’s determination that the mother failed to assume parental responsibility.

State v. A.M.B., 2015AP1618, District 1, 4/12/16 (one-judge decision; ineligible for publication); case activity

Andy was incarcerated when his daughter Catie was born and he remained in custody throughout the subsequent CHIPS and TPR proceedings. He ultimately admitted to the continuing CHIPS ground for termination of his parental rights, but now claims his admission was invalid because he was not aware that, under Kenosha County Department of Human Services v. Jodie W., 2006 WI 93, 293 Wis. 2d 530, 716 N.W.2d 845, incarceration alone cannot be grounds to terminate parental rights. The court of appeals finds no flaws in his admission.

State v. J.J., 2016AP194 & 2016AP195, 4/12/2016, District 1 (one-judge decision; ineligible for publication); case activity

J.J., the father, appeals the termination of his rights to his two children, J.J. and A.J., challenging not the finding of unfitness but only the court’s determination that termination was in the best interest of each child.

Racine County Human Services Dep’t v. L.H., 2015AP1872, 3/23/16, District 2 (1-judge opinion; ineligible for publication); case activity

During the fact-finding stage of L.H.’s TPR trial, counsel (1) failed to object to evidence that L.H’.s child, C.M., had bonded with his foster parents; (2) failed to object to an inaccurate 5/6ths verdict instruction; and (3) and agreed to only 3 peremptory strikes though L.H. was entitled to 4. The court of appeals nevertheless upheld the order terminating L.H.’s parental rights.

State v. J.S., 2015AP707, District 1, 3/15/16 (one-judge decision; ineligible for publication); case activity

Applying the failure to assume parental responsibility statute, § 48.415(6), to J.S. did not violate his right to substantive due process because J.S.’s own behavior, not the CHIPS order removing his daughter S.L. from her parental home, was what prevented him from taking part in S.L.’s daily supervision and care.

Pierce County v. C.S., 2015AP1463 & 2015AP1464, District 3, 2/26/16 (one-judge decision; ineligible for publication); case activity

C.S. challenges the orders terminating her parental rights to her sons, D. S. and K. S., based on their continuing need for protection or services. She raises multiple, fact-specific claims of ineffective assistance of trial counsel and circuit court error. All her claims are rejected.

Waushara County DHS v. V.L., 2016AP23, District 4, 2/25/16 (one-judge decision; ineligible for publication); case activity

V.L. challenged the circuit court’s decision to terminate her parental rights to her son R.E.L., arguing the circuit court didn’t properly consider four of the factors under § 48.426(3). The court of appeals finds no erroneous exercise of discretion.

M. L.-F. v. Oneida County Department of Social Services, 2016 WI App 25; case activity

The County filed for termination of the parental rights of the mother and father of twin boys. While the TPRs were pending, the father’s mother, M. L.-F, filed a petition for guardianship of her grandsons. The court of appeals now holds that court’s decision in the T.P.R–to place the children under state guardianship pending adoption by their foster parents–would override any conflicting order in the guardianship case, and so affirms the dismissal of the guardianship petition.

Rock County HSD v. D.B., 2015AP2420, District 4, 2/11/16 (one-judge decision; ineligible for publication); case activity

The court of appeals rejects D.B.’s argument that the circuit court terminated her parental rights to T.J. without properly considering the facts that there was no adoptive resource available for T.J. at the time of termination, that a strong bond existed between T.J. and D.B. and T.J.’s older brother, and that T.J. had consistently expressed wishes to be returned to D.B.’s care.

Adoptions of Wisconsin, Inc. v. J.S., 2015AP1403, District 3, 1/29/16 (one-judge decision; ineligible for publication); case activity

The circuit court entered a default judgment terminating J.S.’s parental rights after he failed to appear at the hearing scheduled on the petition, and the court of appeals holds J.S. isn’t entitled to reopen that judgment.