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F. Fact-finding, Sec. 48.424

D.R. v. B.D., 2018AP1731 & 2018AP1732, District 3, 2/20/19 (one-judge decision; ineligible for publication); case activity B.D.’s challenges to the order terminating his parental rights come up short. B.D. lost legal custody and placement of his two children after he was convicted of and placed on probation for committing misdemeanor battery against them. A year… 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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State v. T.W., 2018AP967 & 2018AP968, District 1, 8/21/18 (one-judge decision; ineligible for publication); case activity At the trial on the petition to terminate T.W.’s parental rights, the GAL argued in closing that the jury should consider the interests of the children. T.W.’s lawyer didn’t object, but the court of appeals holds that failure wasn’t… Read More

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State v. A.E., 2017AP1773 & 2017AP1774, District 1, 5/8/18 (one-judge decision; ineligible for publication); case activity This is the third TPR opinion in a week addressing challenges to the denial of a postjudgment fact-finding hearing under § 809.107(6)(am) and a constitutional challenge to the application of the failure to assume parental responsibility standard to a… Read More

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Challenges to TPR order rejected

State v. L.J., 2017AP1225, 2017AP1226, & 2017AP1227, District 1, 5/1/18 (one-judge decision; ineligible for publication); case activity L.J. challenges her no-contest plea to there being grounds to terminate her parental rights to three of her seven children. She argues the plea wasn’t knowing and voluntary and that § 48.415(6), the statute regarding failure to assume parental… Read More

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State v. S.S., 2017AP2097 & 2098, 4/17/18, District 1 (one judge decision; ineligible for publication); case activity S.S. appeals the termination of her parental rights to her two boys. She argues the trial court misapplied the six statutory factors in deciding termination was in the children’s best interest, and also that her counsel was ineffective… Read More

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State v. J.C., 2017AP1783, District 1, 3/27/18 (one-judge decision; ineligible for publication); case activity J.C. pleaded no contest to the continuing CHIPS grounds alleged in the petition for termination of her parental rights. She later argued her plea wasn’t supported by sufficient evidence because, at the fact-finding hearing required under § 48.422(3) for no-contest pleas, there was no evidence the… Read More

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State v. D.C., 2017AP1635, 3/20/18, District 1 (one-judge opinion; ineligible for publication); case activity The circuit court terminated D.C.’s parental rights to his child, A.D.C.  On appeal, D.C. argued that the trial court (1) lost competency to proceed when it failed to conduct an initial appearance in the case, and (2) erred in denying his… Read More

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