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D. Grounds, Sec. 48.415

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., 2019AP894, District 3, 5/13/20 (recommended for publication); 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… 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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State v. D.L., 2019AP2331, District 1, 3/10/20; (1-judge opinion, ineligible for publication); case activity The State petitioned to terminate D.L.’s parental rights to Y.P.-T.  for failure to assume parental responsibility in January 2017 and lost at a jury trial. So when the State filed a new T.P.R. proceeding in October 2018, D.L. moved the circuit… Read More

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Racine County Human Services Department v. S.J.A., 2019AP2160 & 2161, 2/5/20, District 2 (one-judge decision; ineligible for publication); case activity It would be interesting to see the briefs in this case, but of course they’re confidential, so we cannot. What we can see is the opinion, which shows commendable (and unfortunately uncommon) attention to detail… Read More

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Kenosha County DHS v. M.M.B., 2019AP1776 & 1777, 1/22/20, District 2 (one judge decision; ineligible for publication); case activity M.M.B. is the father of two children, each of whom has a serious genetic disorder that threatens normal brain growth and function. The disorder can’t be cured but it can be controlled by adherence to a… Read More

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Adoptions of Wisconsin, Inc. v. N.R.K., 2019AP1726, 12/27/19, District 3 (one-judge decision; ineligible for publication); case activity Here the court of appeals upholds the termination of a biological father’s parental rights, concluding that he failed to assume parental responsibility. The infant’s birth mother (“Kristin”) had agreed to voluntary termination of her own rights but had… Read More

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