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1. Abandonment

Rock County HSD v. W.J., 2015AP2469, District 4, 5/12/16 (one-judge decision; ineligible for publication); case activity The county department had authority under § 48.42(1) to file a TPR petition alleging any ground for termination. The petition in this case alleged W.J. abandoned his child and that the child was in continuing need of protection and services… Read More

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Dane County DHS v. Hershula B., 2014AP2076, 2/26/15, District 4  (one-judge opinion, ineligible for publication); click here for docket Hershula appealed an order terminating her parental rights. She argued that the trial court erred in directing a verdict on the abandonment issue because she presented evidence that she had communicated indirectly with her child. The… Read More

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Winnebago County DHS v. Ashley A.O., 2014AP2404, 12/23/14, District 2 (1-judge opinion, ineligible for publication); case activity A circuit court may not enter a summary judgment finding a parent unfit during the grounds phases of a TPR proceeding when that finding is based on an order denying the parent physical placement due to his (or her) incarceration. Alandria’s father was convicted… Read More

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Portage County DHHS v. Shannon M., 2014AP1259-1260, 10/2/14, District 4 (1-judge opinion, ineligible for publication); case activity A jury found grounds–abandonment and continuing CHIPS–to terminate Shannon’s parental rights to her  children.  But the circuit court became worried that the jury might have viewed Shannon’s conduct very differently if it had known that the court had… Read More

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Aaron W.M. v. Britany T.H., 2013AP2123, District 4, 2/13/14; court of appeals decision (1-judge; ineligible for publication); case activity Britany claimed trial counsel was ineffective for not objecting to: 1) hearsay testimony from the child’s father that related incidents of Britany’s bad parenting;  and 2) the petitioner’s “golden rule” rule argument during closing, which asked… Read More

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Dane County DHS v. John L.-B., 2013AP462, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity This decision rejects Dane County’s appeal from the dismissal of a TPR petition after a jury verdict in favor of the parent. Here’s the factual background: Dane County filed a TPR petition against John L.-B. in… Read More

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Veronica K. v. Michael K., 2012AP197, District 1, 10/10/12 court of appeals decision (1-judge, ineligible for publication); case activity Michael K., incarcerated at the time of this TPR trial, appeared by audio-video hookup. He argues that his due process right to meaningful participation, State v. Lavelle W., 2005 WI App 266, ¶2, 288 Wis. 2d 504, 708 N.W.2d 698… Read More

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TPR – Grounds

Walworth County DH&HS v. Andrea O., 2010AP2938, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Andrea O.:  Suzanne L. Hagopian, SPD, Madison Appellate; case activity Evidence supported jury verdict on abandonment as to grounds for terminating parental rights, as against claim of good cause (incarceration) for conceded failure to communicate with the… Read More

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