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40. TPRs

Cheyne Monroe v. Chad Chase, 2019AP1918, certification granted 10/21/20; case activity (including briefs) Issue for review (derived from the COA’s certification) One of the elements of a claim for malicious prosecution is that the baseless prior action must have terminated in favor of the party asserting malicious prosecution.  The issue is whether this element is… Read More

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Eau Claire County DHS v. S.E., 2019AP894, review of  published opinion granted 10/21/20, case activity. When the court orders a child in need of protection or services (“CHIPS”) placed outside the family home, a parent’s rights may be terminated if he or she fails to meet the conditions for the child’s return in the timeframe… Read More

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Racine County DHS v. W.L.J., 2020AP197-198, October 14, 2020, District 2 (1-judge opinion, ineligible for publication); case activity Good news for defense lawyers in TPR cases. The court of appeals means business. This is the third time in less than a year that it has reversed a termination of parental rights order due to a… Read More

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State v. C.A.A., 2020AP1194, District 1, 10/13/20 (one-judge decision; ineligible for publication); case activity At the trial on the petition to terminate C.A.A.’s parental rights, the case manager handling the CHIPS case pertaining to C.A.A.’s child testified that, in her opinion, C.A.A. would not likely satisfy the conditions of return under the CHIPS order within… Read More

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COA affirms TPR on grounds and dispo

State v. D.Q., 2020AP1109, 9/22/20, District 1 (one-judge decision; ineligible for publication); case activity D.Q. fathered a child, K.C., with a woman here called N.E.C. D.Q. wasn’t involved with K.C. for three years after her birth; he had reason to suspect he was the father but did not seek to confirm this by testing. During… Read More

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Brown County Human Services v. T.F., 2020AP793, 9/22/20, District 3 (1-judge opinion, illegible for publication); case activity To establish grounds for terminating T.F.’s parental rights, the Department sought to prove that she had abandoned her daughter, Allie, for period of 6 months or longer. It filed a successful motion in limine seeking to exclude evidence… Read More

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N.M. v. State, 2020AP964, case activity; and State v. J.M.W., 2020AP1057, 9/22/20, case activity, District 1 (i-judge opinions, ineligible for publication) Anyone who loves an alcoholic parent will find this decision heart-wrenching. J.M.W. has a close relationship with her 11 year old daughter, N.M. Unfortunately, J.M.W. also struggles with alcoholism and unstable housing, so the… Read More

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State v. K.A.B., 2020AP962, 9/1/20, District 1 (one-judge decision; ineligible for publication); case activity K.A.B. appeals the termination of her parental rights to her daughter, L.B. L.B. had been with a foster family since birth, and the court found that both the continuing CHIPS and failure to assume grounds were proved. On disposition, the court… Read More

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