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TPR – Sufficiency of Warnings, Prior CHIPS Proceeding

Dane co. DHS v. Dyanne M., 2007 WI App 129, District 4 court of appeals, 3/29/07 (published)

Issue/Holding:

¶19 Dyanne acknowledges that the CHIPS order makes reference to “warnings” and contains the statutory language defining the possible grounds for termination. She also does not dispute that the order contains the conditions that were necessary for Artavia’s return. Dyanne’s argument is limited to an assertion that the order fails to sufficiently connect the warning language to the statutory language. She asserts: “what is missing is relevance of the statutory language at the end of the [CHIPS] dispositional order.” Dyanne states: “There is no bridging language to put the statutory language in context. There is nothing to tell the parent ‘If you fail to do this, your parental rights could be terminated.’”

¶21 Dyanne apparently reads M.P. to require an explanatory provision like the one quoted in M.P. Although such a provision may be helpful and advisable, we agree with the department that the CHIPS order in this case is sufficient under Wis. Stat. § 48.356(2).

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