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TPR – §§ 48.422(8) & 48.422(9)(a)

State v. Lakesha M., 2011AP1280, District 1, 9/7/11

court of appeals decision (1-judge, not for publication); for Lakesha M.: Carl W. Chessir; case activity

Termination of parental rights affirmed, court rejecting argument that procedural requirements of §§ 48.422(8) & 48.422(9)(a) (where petition not brought by agency, court “shall” order parent to provide certain information) violated:

¶5        The Bureau of Milwaukee Child Welfare did not file the petitions here.  Thus, there was no need under Wis. Stat. § 48.422(8) for the circuit court to order the Bureau to file a Wis. Stat. § 48.425(1) report.  Lakesha R. argues for the first time in her reply brief, however, that in that case, the circuit court had to, under Wis. Stat. § 48.422(9)(a), order her to file reports having “the information specified under s. 48.425(1)(am).”  The problem with this contention, however, is that she:  (1) never argued to the circuit court that § 48.422(9) applied (or, for that matter, argued that the circuit court should have directed the Bureau to file the reports encompassed by § 48.425(1)); and, equally significant, (2) does not tell us what those reports would have had that might have altered the circuit court’s determination that termination of her parental rights was in the children’s best interests.

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