On Point: 40. TPRs

Ozaukee Co. HSD v. Sarah H., 2010AP416, District 2, 8/18/10

court of appeals decision (3-judge, not recommended for publication); for Sarah H.: Paul G. LaZotte, SPD, Madison Appellate

A CHIPS dispositional order placing a child with a local department and requiring that services be provided to child and family satisfies Sheboygan County DH&HS v. Tanya M.B., 2010 WI 55:

¶5        … What this comes down to is an argument that the dispositional order must contain a magical phrase—“supervision,

Dane Co. DHS v. Laura E.N., No. 2010AP1172, District 4, 7/29/10

court of appeals decision (1-judge, not for publication); for Laura E.N.: Jean K. Capriotti

TPR – Evidence

Evidence that the mother was caring for an infant son not under CHIPS order wasn’t relevant to her ability to meet conditions for the return of her older daughters who were the subjects of the TPR proceeding, ¶¶13-16.

Dane Co. DHS v. Brittany W., No. 2009AP2778, District IV, 7/8/10

court of appeals decision (1-judge; not fo publication); for Brittany W.: Lora B. Cerone, SPD, Madison Appellate

The court rejects Brittany’s claim she didn’t understand the consequence of her no-contest plea (that she would be deemed unfit, and that disposition would turn on the child’s best interests), given the trial judge’s finding that the denial of such knowledge wasn’t credible,

Sheboygan Co. DHHS v. Tanya M.B. / William S.L., 2010 WI 55, reversing unpublished court of appeals decision; for Tanya M.B.: Paul G. Bonneson; for William L.: Thomas K. Voss

CHIPS order entered under § 48.355(2)(b)1 “shall contain … specific services to be provided”; subsequent TPR based on lack of compliance with CHIPS conditions requires that the responsible agency made a reasonable effort to provide the ordered services.

Rock Co. DHS v. Calvin M. M., No. 2010AP816, District IV, 6/24/10

court of appeals decision (1-judge; not for publication); for Calvin M.M.: Brian C. Findley

Admission of hearsay, describing an act of domestic violence was harmless:

¶7        There are two reasons why we conclude admitting this apparent hearsay evidence was harmless error. We first observe that one of the elements the County had to prove at trial was that Calvin had not met all of the conditions for return.

court of appeals decision, affirmed 2011 WI 6; for Brenda: Leonard D. Kachinsky

TPR – Plea to Grounds

In taking a plea to TPR grounds, the court need not inform the parent of “sub-dispositions,” i.e., those which “pertain only to the effect on the child, addressing who will have guardianship and custody in the event the parent’s rights are terminated as a primary disposition,”

court of appeals decision (1-judge; not for publication); for Maceo: Brian C. Findley

TPR – Assume-Responsibility Ground

Evidence sufficient to support verdict on § 48.451(6) ground of failure to assume parental responsibility for child born prematurely with significant medical needs:

¶30     The trial court accurately concluded that the evidence it outlined was sufficient to support the jury’s verdict that Maceo failed to assume parental responsibility of Jalacea.

State v. Chester C., 2009AP2824, District I, 5/4/10

court of appeals decision (1-judge; not for publication); for Chester C.: Dianne M. Erickson

TPR – Effective Assistance of Counsel
Failure to demonstrate prejudice within the meaning of Strickland dooms this ineffective-assistance claim that trial counsel failed to object to various hearsay statements:

¶7     Other than complaining that his trial lawyer did not object to the hearsay we have recounted,

court of appeals decision (1-judge, not for publication); for Keri H.: Leonard D. Kachinski

IAC Claim – TPR
“The decision not to emphasize events preceding the current termination petitions was a reasonable strategic choice and does not constitute ineffective assistance of counsel,” ¶11. Separately: counsel did not perform deficiently in his efforts to obtain Keri H.’s client file from predecessor counsel, and then securing an adjournment to prepare for trial,

court of appeals certification; for Jacob T.: Eileen A. Hirsch, SPD, Madison Appellate

TPR – Grounds

We certify this case because we believe that State v. Quinsanna D., 2002 WI App 318, 259 Wis. 2d 429, 655 N.W.2d 752, prevents us from interpreting Wis. Stat. § 48.415(6) in a manner that is consistent both with the language of the statute and constitutional protections accorded parental rights.