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A. Competency of court

State v. D.C., 2017AP1635, 3/20/18, District 1 (one-judge opinion; ineligible for publication); case activity The circuit court terminated D.C.’s parental rights to his child, A.D.C.  On appeal, D.C. argued that the trial court (1) lost competency to proceed when it failed to conduct an initial appearance in the case, and (2) erred in denying his… Read More

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State v. J.M.W., 2017AP158, District 1, 9/6/17 (one-judge decision; ineligible for publication); case activity J.M.W. contends the steps in the proceedings terminating his parental rights occurred out of order and therefore the circuit court lost competency to conduct a disposition hearing. The court of appeals holds he waived a competency challenge by not raising it in the… Read More

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State v. K.J. & State v. A.W., 2016AP1501/1502 and 2017AP720/721, District 1, 8/8/17 (one-judge decision; ineligible for publication); case activity: 2016AP1501; 2016AP1502; 2017AP720; 2017AP721 The circuit court didn’t lose competency to terminate the parental rights of K.J. and A.W. after an initial TPR petition failed, nor did the doctrine of issue preclusion apply to the… Read More

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Rock County HSD v. Jennifer B., 2011AP1524, District 4, 9/8/11 court of appeals decision (1-judge, not for publication); for Jennifer B.: Gina Frances Bosben; case activity Evidence of the child’s diagnoses (ADHD; PTSD) was relevant to the main issue in contention, and was not unduly prejudicial, hence was admissible in the grounds phase of the TPR… Read More

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Dane Co. DHS v. Dyanne M., 2007 WI App 129, District 4, 3/29/07 (published) Competency of TPR Court – Statutory Time Limits, Generally Issue/Holding:1: Generally, compliance with a statutory TPR time limit is mandatory, such that non-compliance results in lost circuit court competency absent an applicable exception, ¶5, citing Dane Co. DHS v. Susan P.S… Read More

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Dane County DHS v. Susan P.S., 2006 WI App 100, PFR filed 5/15/06 Issue/Holding: Holding the dispositional hearing beyond the 45-day time limit set by § 48.424(4) did not deprive the trial court of competency to proceed, where good cause existed for continuance under § 48.315(2), namely that the respondent’s attorney was going to be… Read More

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State v. Robert K., 2005 WI 152, affirming unpublished opinion Issue: Whether a TPR court lost competency to proceed because the fact-finding hearing was held more than 45 days after the contested plea hearing, the time limit set by § 48.422(2). Holding: A continuance of the fact-finding hearing beyond the 45-day limit may properly be… Read More

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Sheboygan County DSS v. Rachel B., 2005 WI 84, reversing unpublished decision IssueWhether competency challenge to a TPR proceeding is waived under § 48.422(2) if not first raised in circuit court. Holding: ¶2        We conclude such a competency challenge based on the violation of the statutory time limitation of Wis. Stat. § 48.422(2) cannot be waived, even though… Read More

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