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D. Grounds, Sec. 48.415

State v. J.A., 2018AP1257, District 1, 12/4/18 (one-judge decision; ineligible for publication); case activity J.A.’s parental rights were terminated on the ground he failed to assume parental responsibility. He argues the CHIPS order itself created a substantial parental relationship, thereby precluding the state from using that ground to terminate his rights. Alternatively, he argues the CHIPS… Read More

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State v. R.H., 2018AP1827, District 1, 12/4/18 (1-judge opinion, ineligible for publication); case activity The standard of review doomed this appeal, which argued that there was insufficient evidence to support the trial court’s finding that R.H. failed to assume parental responsibility during the grounds phase of a TPR. According to the court of appeals: ¶10… Read More

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Juneau County DHS v. L.O.O., 2018AP654, District 4, 11/8/2018 (one-judge decision; ineligible for publication); case activity (including briefs) The County filed a TPR petition alleging as grounds that L.O.O. abandoned his child under § 48.415(1)(a)2.  The County alleged 6 three-month periods of abandonment. (¶4). Because there was no issue of material fact as to one… Read More

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Summary judgment in TPR case upheld

Adams County DHS v. S.D., 2018AP466, District 4, 11/8/18 (one-judge decision; ineligible for publication); case activity Rejecting S.D.’s claims that she had raised genuine issues of material fact supporting a defense, the court of appeals affirms the summary judgment against S.D. on the grounds of the three-month abandonment provision in § 48.415(1)(a)2. S.D. claims there… Read More

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State v. M.G., 2018AP835, 10/23/18, District 1 (one-judge decision; ineligible for publication); case activity M.G. appeals the termination of his parental rights to his daughter, M.W. He stipulated to unfitness on the ground of failure to assume parental responsibility. See Wis. Stat. § 48.415(6). On appeal, he contends the circuit court erroneously imported the required… Read More

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Court of Appeals upholds TPR

Rock County DHS v. L.H., 2018AP1308, 10/11/18, District 4 (one-judge decision; ineligible for publication); case activity L.H. challenges the circuit court’s finding that the county department established continuing-CHIPS grounds for termination of her parental rights to her daughter. She says the county can’t have met its burden to show a “substantial likelihood” she wouldn’t meet… Read More

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K.M. v. R.O., 2018AP1206, District 1, 9/18/18 (1-judge opinion, ineligible for publication); case activity One ground for terminating a person’s parental rights is that the parent “abandoned” his child for 6 months or longer. In this case, a court ordered R.O. to have no contact with the mother of his child, which interfered with his… Read More

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State v. R.D.J., 2017AP547, 8/7/18, District 1 (one-judge decision; ineligible for publication); case activity R.D.J. appeals the termination of his parental rights to his daughter, T.S.J. He argues that his lawyer was ineffective for not challenging the state’s expert’s report on Daubert and undue prejudice grounds, that his due process rights were violated because T.S.J.’s… Read More

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