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10. Summary judgment

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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Green County DHS v. Barret W.S., 2014AP1155, District 4, 8/14/14 (1-judge; ineligible for publication); case activity The circuit court didn’t err by allowing a child’s guardians to participate as a party in a proceeding to terminate the father’s rights to the child because, while ch. 48 does not expressly state that guardians are “parties” in a termination proceeding, pertinent… Read More

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Dane County DHS v. Wesley J., 2013AP1226, District 4, 8/1/13; court of appeals decision (1-judge; ineligible for publication); case activity Steven V. v. Kelley H., 2004 WI 47, 271 Wis. 2d 1, 678 N.W.2d 856, does not erect a general bar to summary judgment in TPR cases alleging abandonment as the grounds for termination: ¶15      I… Read More

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Ronald J.R. v. Alexis L.A., 2013 WI App 79; case activity This is an appeal from a partial summary judgment decision finding grounds to terminate Alexis L.A.’s parental rights.  The father, Ronald J.R., sought termination on two grounds and won summary judgment on the first one.  The parties then stipulated that Ronald would withdraw the second… Read More

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Racine County v. Renee D., 2012AP1974, District 2, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity Wis. Stat. § 48.415(5) is not unconstitutionally vague and does not violate due process As applied to Renee D., the two elements for the “child abuse” ground under § 48.415(5) are: 1) the parent has shown a… Read More

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TPR – Request for Admissions

Dane Co. DHS v. Kevin D., 2011AP2748, District 4, 2/2/12 court of appeals decision (1-judge, not for publication); for Kevin: Steven Zaleski; case activity Kevin’s failure to respond to the County requests for admission, § 804.11(2), led the trial court to deem those requests admitted, and then to grant summary judgment as to grounds based… Read More

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TPR – Summary Judgment on Grounds

Rock Co. HSD v. Timothy F., 2011AP1354, District 4, 8/25/11 court of appeals decision (1-judge, not for publication); for Timothy F.: Carl W. Chessir; case activity The court rejects Timothy F.’s challenge to grant of summary judgment as to grounds for termination (abandonment, § 48.415(1)(a)2.): even if Timothy arguably had “good cause” for not visiting his… Read More

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TPR – Partial Summary Judgment

Marathon County Dept. of Social Services v. Lorie O., 2010AP2351, District 3, 12/21/10 court of appeals decision (1-judge, not for publication); for Lorie O.: Leonard D. Kachinsky; case activity Summary judgment may be granted as to grounds for TPR, Steven V. v. Kelley H., 2004 WI 47, ¶6; but where the CHIPS order, on which… Read More

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