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40. TPRs

Challenges to TPR rejected

Racine County HSD v. S.M.F., 2019AP2346 & 2019AP2347, District 2, 7/15/20 (one-judge decision; ineligible for publication); case activity S.M.F.’s challenges the order terminating her parental rights, alleging trial counsel was ineffective and that the circuit court should have granted her mistrial motion. The court of appeals affirms. The TPR petition alleged, and the jury found… Read More

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Waukesha County HHS v. S.S., 2020AP592, District 2, 6/10/20 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion in ordering default judgment for S.S.’s egregious conduct of lying to the court to get her TPR trial adjourned. ¶13     As entry of a default judgment is a particularly harsh sanction… Read More

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Juneau County DHS v. C.C., 2020AP438, 6/4/20, District 4, (1-judge opinion, ineligible for publication); case activity Courts don’t usually award summary judgment in TPR cases, especially not at the grounds phase where the question is whether the parent abandoned the child. The issue is generally too fact intensive. But here the circuit court found no… Read More

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State v. J.W., 2020AP161, 5/12/20, District 1 (1-judge opinion, ineligible for publication); case activity At the grounds phase of his TPR proceeding J.W. stipulated to the “failure to assume parental responsibility” reason for terminating his parental rights. On appeal he argued that at the trial court erroneously determined that he was unlikely to meet the… Read More

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Eau Claire County DHS v. S.E., 2020 WI App 39; case activity Following up on the decision issued in Dane County DHS v. J.R., 2020 WI App 5, the court of appeals rejects some additional challenges to the changes 2017 Wis. Act 256 made to the continuing CHIPS ground for terminating parental rights. S.E. (“Sophie”)… Read More

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Brown County DHS v. H.P., 2019AP1324 & 2019AP1325, District 3, 5/13/20 (one-judge decision; ineligible for publication); case activity This case involves another challenge to the application of the new version of § 48.415(2)(a)3. in cases where the CHIPS order was entered before the effective date of the amendments. As in Dane County DHS v. J.R… Read More

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A.C.-E. v. I.M., 2019AP573, 4/15/20, District 4 (one-judge decision; ineligible for publication); case activity The court of appeals rejects I.M.’s request for a new TPR grounds trial. A.C.-E. sought termination I.M.’s parental rights to their child, E.M.C., asserting as grounds that I.M. had abandoned E.M.C. and failed to establish parental responsibility. (¶¶2-10). I.M. makes two… Read More

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Waushara County DHS v. A.J.P., 2019AP2387, District 4, 4/13/20 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion by considering all the factors under § 48.426(3) when it decided to terminate A.J.P.’s parental rights. A.J.P. asserts the circuit court failed to consider three factors in particular—age and health of the… Read More

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