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1. Abandonment

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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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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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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Brown County Human Services v. B.P and T.F., 2019 WI App 18; case activity T.F. argued that when the Department seeks to terminate parental rights on the grounds of abandonment in a case where the child is out of the home and a CHIPS order is in place, it must proceed under §48.415(1)(a)2., rather than (a)3… 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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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. C.L.K., 2017AP1414, petition for review of an unpublished court of appeals opinion granted 3/14/18; case activity Issues: 1. Where, during the grounds phase of a TPR trial, the circuit court errs by directing a verdict in favor of the State without giving the respondent an opportunity to present evidence, has the court committed… Read More

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