Racine County v. Latanya D.K., 2013 WI App 28; case activity TPR – Waiver of jury trial need not be part of admission colloquy ¶2 Latanya’s major arguments raise an important question: Must the court engage in a personal colloquy with a parent regarding his or her waiver of the right to a jury trial before accepting the parent’s… Read more
B. Constitutional rights
La Crosse Co. DHS v. Kristle S., 2012AP2005, District 4, 11/21/12 court of appeals decision (1-judge, ineligible for publication); case activity The parent was given a meaningful opportunity to cross-examine the social worker with respect to conditions for the children’s return, in that the trial court permitted extensive questioning on these issues before instructing counsel to pursue a different… Read more
Nicole P. v. Michael P., 2012AP780, District 3, 10/16/12 court of appeals decision (1-judge, ineligible for publication); case activity Father’s motion to withdraw admission to grounds (based on asserted lack of understanding that: termination of parental rights required an unfitness determination; sole focus of dispositional hearing would be child’s best interests, with no concern for parent’s… Read more
Veronica K. v. Michael K., 2012AP197, District 1, 10/10/12 court of appeals decision (1-judge, ineligible for publication); case activity Michael K., incarcerated at the time of this TPR trial, appeared by audio-video hookup. He argues that his due process right to meaningful participation, State v. Lavelle W., 2005 WI App 266, ¶2, 288 Wis. 2d 504, 708 N.W.2d 698… Read more
State v. Tenesha T., 2012AP1283, District 1, 9/5/12 court of appeals decision (1-judge, ineligible for publication); case activity Parent’s right to be present during TPR trial wasn’t violated when court allowed 30 minutes of testimony during parent’s volunary absence: ¶16 Tenesha bases her argument on Shirley E., contending that a parent’s right to be present during termination… Read more
Brown County Department of Human Services v. David D., 2012AP722, District 3, 95/12 court of appeals decision (1-judge, ineligible for publication); case activity Parent’s appearance by telephone held to satisfy right to “meaningful participation”: ¶10 “A parent’s rights to his or her children are substantial and are protected by due process.” Waukesha Cnty. DHHS v. Teodoro E… Read more
Dunn County Human Services v. Eric R., 2011AP2416, District 3, 9/5/12 court of appeals decision (1-judge, ineligible for publication); case activity That counsel for the parent on a termination petition had, while serving as a family court commissioner 19 months earlier, entered a child support order against the parent, did not alone establish a conflict of… Read more
Grant Co. DSS v. Elizabeth M. R., 2012AP1059, District 4, 8/9/12 court of appeals decision (1-judge, ineligible for publication); case activity By failing to consider whether the child had a substantial relationship with the parent, § 48.426(3), the trial court erroneously exercised discretion in concluding that termination of parental rights was in the child’s bests… Read more
