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TPR — sufficiency of evidence establishing parent would not meet conditions for return of children

State v. Shipria C., 2013AP637, 2013AP638, & 2013AP639, District 1, 8/6/13; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP637; 2013AP638; 2013AP639

In a fact-intensive decision, the court of appeals rejects Shipria C.’s argument that the evidence was insufficient to prove she would not meet the court-ordered conditions for the return of her children within nine months of the fact-finding hearing. In particular, there was sufficient evidence she would not meet the conditions that she: address her mental health needs by attending and participating in individual therapy (¶¶24-26); obtain suitable housing and maintain a stable source of income (¶27); and understand her children’s development needs and how to keep her children safe (¶28). The court also rejects her “conclusory” argument that terminating her rights with respect to one of the children violates Kenosha County DHS v. Jodie W., 2006 WI 93, ¶¶55-56, 293 Wis. 2d 530, 716 N.W.2d 845, which held that the circuit court erred when it deemed the parent unfit solely by virtue of her status as an incarcerated person without regard for her actual parenting activities or the condition of her child. “That is not the case here. As set forth above, there was sufficient evidence outside of Shipria’s status as an incarcerated person to establish that she was unfit.” (¶30).

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