On Point: 40. TPRs

State v. M.E.E., 2023AP1510, 11/28/23, District I (one-judge decision; ineligible for publication); case activity

In a dense and fact-dependent opinion, COA affirms under well-settled standards of review.

State v. T.J., 2023AP1239-1242, 11/28/23, District I (one-judge decision; ineligible for publication); case activity

Despite  a battery of legal challenges, COA swiftly and efficiently marches toward affirmance in this TPR appeal.

Jackson County DHS v. R.H.H., 2023AP1229-1232, 11/16/23, District IV (one-judge decision, ineligible for publication); case activity

In Kenosha Cnty. DHHS v. Jodie W., 2006 WI 93, ¶56, 293 Wis. 2d 530, 716 N.W.2d 845, the court overturned a TPR order premised on a parent’s failure to meet “an impossible condition of return, without consideration of any other relevant facts and circumstances particular to the parent.” R.H.H. argued that he was likewise subject to an “impossible” condition of return because the dispositional order that denied him placement or visitation with his four children required him to complete sex offender treatment and domestic violence programming. The court rejects his due process-based claim, for multiple reasons, including that R.H.H., failed to introduce evidence to support his assertions that his confinement in prison or his pending criminal appeal made it “impossible” for him to meet his conditions of return. (Op., ¶21).

State v. B.M., 2023AP1137, 11/14/23, District I (ineligible for publication); case activity

Despite an intervening decision from SCOW which generated skepticism as to whether parents can obtain plea withdrawal when a circuit court miscommunicates the burden of proof in a TPR plea colloquy, COA nevertheless reverses and remands in this case presenting yet another “A.G.” claim.

Kenosha County DCFS v. M.T.W. 2023AP610, 11/15/23, District 2 (one-judge decision; ineligible for publication); case activity

“Mary” appeals from the termination of her parental rights to her daughter “Carrie.” the court of appeals rejects several claims that Mary’s counsel was ineffective and affirms.

Jefferson County DHS v. C.T.S., 2023AP1404, 11/2/23, District 4 (one-judge decision; ineligible for publication); case activity

C.T.S. appeals an order terminating his parental rights to his son, K.S. The court of appeals affirms, holding the county adduced sufficient evidence of the continuing CHIPS ground and acted within its discretion in weighing the dispositional factors.

J.S. v. J.T., 2023AP38-39, 10/31/23, District 3 (one-judge decision; ineligible for publication); case activity

“Jack” filed for termination of “Jasmine’s” parental rights to their two children. At trial, Jasmine’s counsel didn’t object when Jack’s lawyer elicited testimony from a social worker that the children “seemed to love it” at the house Jack shared with his wife, that the couple were transparent, and that they had a “great support person.” The court of appeals doesn’t decide whether this was deficient performance, instead concluding that Jasmine didn’t show she was prejudiced by the admission of the testimony against her.

D.T.S. v. B.E.C., 2023AP1081, 10/5/23, District 4 (one-judge decision; ineligible for publication); case activity

B.E.C. is A.R.G.’s birth mother. D.T.S. is A.R.G.’s father. D.T.S. had sole physical custody after her mother left A.R.G. in his care when A.R.G. was two. Later, D.T.S. remarried and moved for termination of B.E.C.’s rights to A.R.G., alleging, as relevant here, abandonment. His new wife also petitioned to adopt the girl. The jury found B.E.C. unfit and the circuit court terminated her rights.

Chippewa County Department of Human Services v. T.M.J., 2023AP463 & 2023AP464, 10/24/23, District III (one-judge decision; ineligible for publication); case activity

In another fact-dependent decision, COA affirms the circuit court’s order terminating parental rights with respect to 2 children.

State v. S.A., 2023AP1288-1292, 10/10/23, District I (one-judge decision; ineligible for publication); case activity

In a fact-dependent decision, COA affirms the circuit court’s order terminating parental rights with respect to 5 children.