On Point: 40. TPRs

Portage County DHHS v. Shannon M., 2014AP1259-1260, 10/2/14, District 4 (1-judge opinion, ineligible for publication); case activity

A jury found grounds–abandonment and continuing CHIPS–to terminate Shannon’s parental rights to her  children.  But the circuit court became worried that the jury might have viewed Shannon’s conduct very differently if it had known that the court had improperly entered a dispositional order against her, so it granted Shannon JNOV and dismissed the petitions to terminate her rights.  The Department appealed, and the court of appeals affirmed.

On review of an unpublished, one-judge court of appeals decision; case activity

Issues (composed by On Point):

Whether the trial court was clearly wrong in finding that Cecil had not failed to assume parental responsibility for his infant son?

Whether a parent’s expression of interest in his child equates to having a “substantial relationship” with the child?

State v. Samantha J., 2014AP988, 2014AP989, 2014AP1017, District 1, 9/17/14 (1-judge opinion, ineligible for publication); case activity

This case is noteworthy in 2 respects.  First, the court of appeals upheld a default judgment as to grounds for terminating a mother’s parental rights–always a significant step, given the stakes.  And, second, the court of appeals complimented a brief–specifically, the brief filed by the GAL, Linnea Matthiesen.

State v. Jevon S.  Appeal Nos. 2014AP1426 & 2014AP1427; State v. Latoya M., Appeal Nos. 2014AP1424 & 2014AP1425, District 1, 9/16/14 (one-judge opinions, ineligible for publication); (case activity for Jevon S.; case activity for Latoya M.)

Jevon S. and Latoya M. appealed orders terminating their parental rights. Neither contested the grounds for termination, but at their joint dispositional hearing they both wanted their two children removed from their separate foster homes and placed with Jevon’s mother. The circuit court ruled against them, and the court of appeals affirmed.

Sheboygan County DHHS v. Phillip L., 2014AP780, District 2, 9/10/14 (1-judge; ineligible for publication); case activity

When Phillip entered his no-contest plea at the fact-finding stage of his termination of parental rights (TPR) proceeding, the circuit court didn’t take sworn testimony to support the TPR petition, as required by § 48.422(3). Because Phillip doesn’t allege the error resulted in any lack of understanding as to the plea he entered, he is not entitled to withdraw his plea.

State v. Johnnie J., 2014AP144 & 2014AP145, District 1, 8/21/14 (1-judge; ineligible for publication); case activity: 2014AP144; 2014AP145

Assuming trial counsel should have objected to certain expert opinion evidence and hearsay evidence about Johnnie’s behavior, the failure to do so didn’t prejudice Johnnie because of the overwhelming evidence supporting the jury’s verdicts on one of the two grounds for terminating her parental rights.

Green County DHS v. Barret W.S., 2014AP1155, District 4, 8/14/14 (1-judge; ineligible for publication); case activity

The circuit court didn’t err by allowing a child’s guardians to participate as a party in a proceeding to terminate the father’s rights to the child because, while ch. 48 does not expressly state that guardians are “parties” in a termination proceeding, pertinent statutes support allowing the guardians to participate as a party. In addition, the circuit court properly granted summary judgment against the father and didn’t err in making certain evidentiary rulings during the dispositional phase.

State v. Jimmy J., 2014AP573, District 1, 8/5/14 (1-judge; ineligible for publication); case activity

Trial counsel had a reasonable strategic reason for not objecting to court’s instructing TPR jury that while agreement of 10 or more jurors was necessary as to each verdict question, the same 10 jurors should agree on all the answers.

Portage County DHHS v. Julie G., 2014AP1057, District 4, 7/31/14 (1-judge; ineligible for publication); case activity

The record shows Julie received the warnings required under § 48.356 even though the relevant notice form did not have her signature. In addition, Julie’s substantive due process rights were not violated because the conditions for return of her child imposed by the continuing CHIPS order were not impossible for her to meet despite her incarceration.

Manitowoc County Human Services Dep’t v.  Ralph B., 2014AP140, District 2, 7/30/14 (not recommended for publication); case activity

The court of appeals affirmed the circuit court’s decision to terminate Ralph B.’s parental rights because Manitowoc County met its burden of proving a failure to assume parental responsibility and because trial counsel had sound strategic reasons for not pursuing various lines of defense during the grounds phase of Ralph’s trial.