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Court appropriately considered sec. 48.426 adoptability factors before ordering TPR

State v. Shymika S.W., 2013AP2415, District 1, 2/4/14  (1-judge opinion, ineligible for publication), case activity

Issue:  Whether, in terminating Shymika S.W.’s parental rights to her daughter, the circuit court erroneously exercised its discretion by ignoring § 48.426(3)’s “adoptability factors?”  Those factors are found in § 48.426(3)(a) and (f), and they require consideration of the likelihood of the child’s adoption after termination and whether the child will be able to enter into a more stable and permanent family relationship as a result of termination, taking into account the child’s current placement, the likelihood of future placements, and the results of prior placements.

Holding:  The circuit court’s exercise of discretion was appropriate.  After noting that Shymika S.W. did not contest the circuit court’s findings of fact, the court of appeals highlighted the circuit court’s several comments about her daughter’s adoptability and the evidence supporting those comments.  Slip op. ¶¶ 4-6.

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