State v. I.B., 2022AP911 & 2022AP912, District I, 6/6/23 (one-judge decision; ineligible for publication); case activity (briefs not available) Although the State appears to have conceded it did not follow the statutory requirements for proper service of the petition(s) in this TPR, Ivy’s appeal fails because she did not object below. And, because the error… Read more
A. Competency of court
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
State v. J.M.W., 2017AP158, District 1, 9/6/17 (one-judge decision; ineligible for publication); case activity J.M.W. contends the steps in the proceedings terminating his parental rights occurred out of order and therefore the circuit court lost competency to conduct a disposition hearing. The court of appeals holds he waived a competency challenge by not raising it in the… Read more
State v. K.J. & State v. A.W., 2016AP1501/1502 and 2017AP720/721, District 1, 8/8/17 (one-judge decision; ineligible for publication); case activity: 2016AP1501; 2016AP1502; 2017AP720; 2017AP721 The circuit court didn’t lose competency to terminate the parental rights of K.J. and A.W. after an initial TPR petition failed, nor did the doctrine of issue preclusion apply to the… Read more
Rock County HSD v. Jennifer B., 2011AP1524, District 4, 9/8/11 court of appeals decision (1-judge, not for publication); for Jennifer B.: Gina Frances Bosben; case activity Evidence of the child’s diagnoses (ADHD; PTSD) was relevant to the main issue in contention, and was not unduly prejudicial, hence was admissible in the grounds phase of the TPR… Read more
Dane Co. DHS v. Dyanne M., 2007 WI App 129, District 4, 3/29/07 (published) Competency of TPR Court – Statutory Time Limits, Generally Issue/Holding:1: Generally, compliance with a statutory TPR time limit is mandatory, such that non-compliance results in lost circuit court competency absent an applicable exception, ¶5, citing Dane Co. DHS v. Susan P.S… Read more
Dane County DHS v. Susan P.S., 2006 WI App 100, PFR filed 5/15/06 Issue/Holding: Holding the dispositional hearing beyond the 45-day time limit set by § 48.424(4) did not deprive the trial court of competency to proceed, where good cause existed for continuance under § 48.315(2), namely that the respondent’s attorney was going to be… Read more
State v. Robert K., 2005 WI 152, affirming unpublished opinion Issue: Whether a TPR court lost competency to proceed because the fact-finding hearing was held more than 45 days after the contested plea hearing, the time limit set by § 48.422(2). Holding: A continuance of the fact-finding hearing beyond the 45-day limit may properly be… Read more
