State v. Kiwana L., 2014AP2306, District 1, 1/13/15 (1-judge decision; ineligible for publication); case activity Kiwana L.’s substantive due process rights were not violated by the conditions set by the circuit court for return of her daughter Jasmine because those conditions were narrowly tailored to address her mental health issues; thus, the termination of her parental rights… Read more
B. Constitutional rights
Racine County HSD v . Latasia D.M., 2014AP1672/1673, 12/23/14, District 2 (1-judge opinion, ineligible for publication); case activity The stand out in this multi-issue TPR case is whether the circuit court erred in denying Latasia’s permission to withdraw her jury demand. The court of appeals answered “no” because even though § 48.31(2) and §48.422(4) set forth the procedures for… Read more
Portage County DHHS v. Julie G., 2014AP1057, District 4, 7/31/14 (1-judge; ineligible for publication); case activity The record shows Julie received the warnings required under § 48.356 even though the relevant notice form did not have her signature. In addition, Julie’s substantive due process rights were not violated because the conditions for return of her… Read more
Dane County DHS v. Latasha G., 2014AP45 & 2014AP46, District 4, 4/3/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2014AP45; 2014AP46 Latasha argues she was determined to be unfit based on a condition that was impossible for her to satisfy due to an order in criminal cases barring any contact with the… Read more
Manitowoc County Human Services Dep’t v. Rebecca H, 2013AP421/422; 1/22/14; District 2 (not recommended for publication); case activity This is an appeal from an order terminating a couple’s parental rights to their daughter. They claimed their trial lawyer provided ineffective of assistance of counsel by failing to object to the admission of various types of… Read more
State v. Lawanda R., 2013AP1661, District 1/4, 1/16/14; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court properly found that a parent with serious cognitive disabilities (she “functions at the level of a child less than ten years old” (¶8)) was unfit under § 48.415(2) on the sole basis that she failed… Read more
Winnebago County DHS v. Christina M.C., 2013AP1519/1520; District 2; 11/27/13 (1-judge; ineligible for publication); case activity In the initial “grounds” stage of this TPR, the County and the GAL made several veiled references, plus one explicit reference, to the “bests of the child,” a topic that’s not to be addressed until stage 2. Christina moved to set… Read more
Walworth County DH&HS v. Roberta J.W., 2013 WI App 102; consolidated case activity: 2012AP2387; 2012AP2388 The County petitioned to terminate Roberta’s parental rights in 2007 on the grounds her children were in continuing need of protection and services. After a jury trial and dispositional hearing her rights were terminated, but on appeal the termination order was… Read more
