On Point: 40. TPRs

Dane Co. DHS v. Jennifer F., 2011AP530, District 4, 6/9/11

court of appeals decision (1-judge, not for publication); for Jennifer F.: Paul G. LaZotte, SPD, Madison Appellate; case activity

Although the trial court erred in not taking testimony in support of no-contest pleas to the TPR petition as required by § 48.422(3) (see Waukesha County v. Steven H., 2000 WI 28, ¶56, 233 Wis.

State v. Henry W., 2011AP693, District 1, 6/7/11

court of appeals decision (1-judge, not for publication); for Henry W.: Jane S. Earle; case activity

Testimony of a “bonding expert” as to how the child’s view of her father would make it difficult for him to meet conditions of return, was relevant and admissible in the grounds phase, ¶¶5-7, 10.

Trial court’s refusal to grant adjournment of dispositional phase so that father could secure his own bonding expert,

Tammy W-G. v. Jacob T., 2011 WI 30, on certification; for Jacob T.: Eileen A. Hirsch, SPD, Madison Appellate; case activity

TPR – Grounds, § 48.415(6) – “Substantial Parental Relationship”

¶22  The language of Wis. Stat. § 48.415(6), specifically the underscored language, indicates that under § 48.415(6), a fact-finder must look to the totality-of-the-circumstances to determine if a parent has assumed parental responsibility. 

Winnebago County DHHS v. Thomas C. W., 2010AP847, District 2, 3/16/11

court of appeals decision (1-judge, not for publication); for Thomas C.W.: Theresa J. Schmieder; case activity

Though trial counsel was ineffective with respect to a single discrete oversight – failure to lodge a meritorious motion for judgment notwithstanding verdict as to one of the 3 grounds for termination – the court discerns no basis to doubt either of the remaining 2 grounds,

Winnebago County DHS v. Jenny L. G.-J., 2009AP2956, District 2, 2/23/11

court of appeals decision (1-judge, not for publication); for Jenny L. G.-J.: Theresa J. Schmieder; case activity

The privilege attaching to interactions under direction of a family therapist, § 905.04(1)(b), doesn’t apply to information obtained by “dispositional staff” providing services under § 48.069.

¶11      Wisconsin Stat. § 48.069(1) defines a dispositional staffer as a member of “[t]he staff of the department [of children and families],

Walworth County DH&HS v. Andrea O., 2010AP2938, District 2, 2/23/11

court of appeals decision (1-judge, not for publication); for Andrea O.:  Suzanne L. Hagopian, SPD, Madison Appellate; case activity

Evidence supported jury verdict on abandonment as to grounds for terminating parental rights, as against claim of good cause (incarceration) for conceded failure to communicate with the child.

¶8        The record reflects that Andrea may have sent a letter to her caseworker,

State v. Abigail W., 2010AP2792, District 1, 2/10/11

court of appeals decision (1-judge, not for publication); for Abigail W.: Jeffrey W. Jensen; case activity

TPR – Condition of Return

CHIPS condition that parent “show that you can care for and supervise your child properly and that you understand [her] special needs” wasn’t an impossible condition but, rather, was narrowly tailored to meet compelling State interest in protecting child’s safety,

Brown County Dept. of Human Services v. Brenda B., 2011 WI 6, affirming unpublished decision; for Brenda B.: Leonard D. Kachinsky; case activity

¶3   Given that a finding of parental unfitness does not necessarily result in an involuntary termination of parental rights, we determine that the circuit court was not obligated to inform Brenda that by pleading no contest she was waiving her constitutional right to parent. 

Portage Co. HHS v. Jesus S., 2010AP2698, District 4, 2/3/11

court of appeals decision (1-judge, not for publication); for Jesus S.: Theresa J. Schmieder; case activity

For a no-contest plea to a TPR petition to be knowing and voluntary, the parent must be notified of the direct consequences of his or her plea, including an automatic finding of parental unfitness, ¶6, citing Oneida Cnty. Dep’t of Social Servs.

State v. Troy J., 2010AP670, District 1, 1/25/11

court of appeals decision (1-judge, not for publication); for Troy J.: Randall E. Paulson, SPD, Milwaukee Appellate; case activity

The judge presiding over disposition-phase of a TPR wasn’t required to disqualify himself where his daughter was employed to work in the guardian ad litem office of the local agency providing GAL work under contract, given that she had no involvement in that particular case.