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4. Trial by jury

Challenges to TPR grounds trial rejected

Barron County DHHS v. C.K., 2015AP1378, 2015AP1379 & 2015AP1380, District 3, 4/11/17 (one-judge decision; ineligible for publication); case activity C.K.’s argues she should get a new TPR trial because the circuit court erred by deciding an element of the grounds allegations without getting her personal waiver of the right to have the jury decide the element and… Read More

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Racine County HSD v . Latasia D.M., 2014AP1672/1673, 12/23/14, District 2 (1-judge opinion, ineligible for publication); case activity The stand out in this multi-issue TPR case is whether the circuit court erred in denying Latasia’s permission to withdraw her jury demand. The court of appeals answered “no” because even though § 48.31(2) and §48.422(4) set forth the procedures for… Read More

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Walworth County DH&HS v. Roberta J.W., 2013 WI App 102; consolidated case activity: 2012AP2387; 2012AP2388  The County petitioned to terminate Roberta’s parental rights in 2007 on the grounds her children were in continuing need of protection and services. After a jury trial and dispositional hearing her rights were terminated, but on appeal the termination order was… Read More

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Dane County DHS v. Mable K., 2013 WI 28, reversing court of appeals summary order; case activity ¶3        We conclude, and the circuit court has acknowledged, that it erroneously exercised its discretion when it entered a default judgment finding that grounds existed to terminate Mable K.’s parental rights after barring her attorney from offering additional… Read More

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Racine County v. Latanya D.K., 2013 WI App 28; case activity TPR – Waiver of jury trial need not be part of admission colloquy ¶2        Latanya’s major arguments raise an important question:  Must the court engage in a personal colloquy with a parent regarding his or her waiver of the right to a jury trial before accepting the parent’s… Read More

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TPR – Stipulated Element

Florence County Dept. of Human Services v. Edward S., Jr., 2011AP385, District 3, 6/28/11 court of appeals decision (1-judge, not for publication); for Edward S.: Leonard D. Kachinsky; case activity Counsel’s stipulation without the parent’s on-record assent to the first element of TPR grounds (child placed outside home at least 6 months under CHIPS order)… Read More

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court of appeals decision TPR – Forfeiture of Jury Trial Failure to appear at initial hearing and make timely request forfeited right to jury trial; trial court’s ultimate refusal to enter default judgment “did not return the case to the initial hearing stage or reinstate Luis’s right to a jury trial”; nor did filing of… Read More

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Walworth Co. DHHS v. Andrea L.O., 2008 WI 46, on Certification TPR – Elements, Ground of Continuing Need of Protection and Services, Generally Issue/Holding: ¶6 There are four elements to this ground for termination. First, the child must have been placed out of the home for a cumulative total of more than six months pursuant to… Read More

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