On Point blog, page 39 of 59
Circuit court’s power to dismiss under § 48.21(7) applies only to minors in custody
Ozaukee County DHS v. J.R. and S.R., 2804-2809, 6/3/15, District 2 (one-judge opinion, ineligible for publication); click here for docket
Sec. 48.21(7) allows the circuit court to dismiss or informally dispose of a CHIPS petition, if doing so would be in the best interests of the child and the public. The court of appeals reversed the circuit court’s dismissal of several CHIPS petitions in this case because the children at issue were not in custody. The statute, said the court of appeals, applies only to children who are in custody.
Using therapist as part of defense against TPR petition waived therapist-patient privilege
State v. Mary G., 2015AP55, 2015AP56, & 2015AP57, District 1, 6/2/15 (one-judge decision; ineligible for publication); case activity
At the grounds phase of the trial on a TPR petition, the circuit court properly ordered Mary G. to provide the State with notes from her mental health treatment provider and appropriately considered evidence regarding Mary’s failure to manage her medications.
St. Croix County DHHS v. Michael D. & Juanita A., 2014AP2431, petition for review granted 4/16/15
Review of an unpublished court of appeals decision; case activity
Issue (composed by On Point):
Do §§ 48.415(2)(a)1. and 48.356(2) require the final CHIPS order filed before a TPR petition warn the parent about grounds for termination and the conditions for return or the child, or is it sufficient that the parent was given “adequate notice” of the grounds for termination and conditions of return during the pendency of the CHIPS proceeding?
Court properly exercised discretion in severing legal ties of grandmother in TPR disposition
State v. Jasmine W., 2014AP2960 & 2014AP2961, District 1, 3/18/15 (one-judge decision; ineligible for publication); case activity: 2014AP2960; 2014AP2961
The circuit court applied the proper standard of law to the relevant fact when it declined to place Jasmine’s children with their grandmother, found no substantial relationship between the children and their grandmother, and concluded that it would not cause harm to sever the legal ties between the children and their grandmother.
Leaving messages with foster parents does not qualify as “communicating with a child” under TPR statute
Dane County DHS v. Hershula B., 2014AP2076, 2/26/15, District 4 (one-judge opinion, ineligible for publication); click here for docket
Hershula appealed an order terminating her parental rights. She argued that the trial court erred in directing a verdict on the abandonment issue because she presented evidence that she had communicated indirectly with her child. The court of appeals held that the phrase “communicate with the child” requires that the child share in the action of communicating with the parent. Slip op. ¶22. Indirect communications don’t count.
Parent’s request to revisit TPR order wasn’t supported by new evidence
State v. Tamara B., 2014AP1714, District 1, 2/10/15 (1-judge decision; ineligible for publication); case activity
Tamara requested a new dispositional hearing in the case that terminated her parental rights to her daughter Tamijah, saying there was new evidence that affected the advisability of the termination order. The circuit court properly determined that the evidence she presented wasn’t new.
Termination of dominatrix’s parental rights upheld despite jury instruction error
State . Michelle M., 2014ap1539, District 1; 1/27/15 (one-judge opinion; ineligible for publication); case activity
In this TPR case, a circuit court instructed a jury using the version of WIS JI-Children 346 that allows consideration of whether a mother has exposed her child to a hazardous living environment. The court should have given the prior version, which did not mention this consideration. According to the court of appeals, the jury could consider the point whether the instruction explicitly mentioned it or not.
TPR dismissed because final placement order lacked notice of conditions for return and grounds for termination
St. Croix County DHHS v. Michael D. & Juanita A., 2014AP2431, District 3, 1/16/15 (1-judge decision; ineligible for publication), petition for review granted 4/16/15, reversed, 2016 WI 35; case activity
The court of appeals holds that the notice requirements of §§ 48.415(2)(a)1. and 48.356(2) were not satisfied because the last order concerning out-of-home placement of Juanita’s child did not include the written notice of the applicable grounds for termination or the conditions for Matthew’s return. The County therefore failed to meet its burden of proof on the continuing CHIPS ground under § 48.415(2)(a)1. and the termination order is vacated and the TPR petition dismissed.
Conditions for child’s return were sufficiently narrow to satisfy due process
State v. Kiwana L., 2014AP2306, District 1, 1/13/15 (1-judge decision; ineligible for publication); case activity
Kiwana L.’s substantive due process rights were not violated by the conditions set by the circuit court for return of her daughter Jasmine because those conditions were narrowly tailored to address her mental health issues; thus, the termination of her parental rights based on continuing CHIPS grounds under § 48.415(2) was proper.
Court of appeals reverses “unfitness” finding in TPR case
Winnebago County DHS v. Ashley A.O., 2014AP2404, 12/23/14, District 2 (1-judge opinion, ineligible for publication); case activity
A circuit court may not enter a summary judgment finding a parent unfit during the grounds phases of a TPR proceeding when that finding is based on an order denying the parent physical placement due to his (or her) incarceration.