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1. Abandonment

Kenosha County DCFS v. J.M.C. III, 2023AP1382, 3/13/24, District 2 (one-judge decision; ineligible for publication); case activity In affirming the termination of J.M.C.’s parental rights to his daughter, the court holds that (1) the circuit court did not erroneously exercise its discretion in denying J.M.C.’s request for a new attorney and (2) the circuit court’s… Read more

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Sheboygan County DH & HS v. A.P., 2023AP1382, 2/7/24, District 2 (one-judge decision; ineligible for publication); case activity Faced with the department’s motion for summary judgment on grounds of abandonment, counsel for A.P filed a brief in opposition and attached two exhibits, but failed to file any affidavits. Postdisposition and on appeal, A.P. argues that… Read more

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Jefferson County DHS v. C.T.S., 2023AP1404, 11/2/23, District 4 (one-judge decision; ineligible for publication); case activity C.T.S. appeals an order terminating his parental rights to his son, K.S. The court of appeals affirms, holding the county adduced sufficient evidence of the continuing CHIPS ground and acted within its discretion in weighing the dispositional factors. As… Read more

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N.D. v. E.S., 2022AP1084, District 2, 01/25/23 (one-judge decision; ineligible for publication); case activity Nancy (N.D.) petitioned to terminate Ed’s (E.D.’s) parental rights on the grounds that he abandoned their daughter, Kim. See Wis. Stat. § 48.415(1). At trial, Ed asserted a “good cause” defense that Nancy prevented him from having contact with Kim, and… Read more

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L.E.H. v. R.E.M., 2022AP713-715, 11/22/11, District 1; (1-judge opinion, ineligible for publication); case activity “Luke” and “Rebecca” had 3 children together. After their relationship ended, Rebecca struggled with addiction and was charged with a number of crimes. Luke married and successfully petitioned to terminate Rebecca’s parental rights.  Rebecca appealed the TPR arguing the circuit court… Read more

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Brown County DHS v. K.Y.T., 2022AP531, District 3, 9/27/22 (one-judge decision; ineligible for publication); case activity The county petitioned to terminate K.Y.T.’s parental rights to M.Z. alleging abandonment for both a 3-month and a 6-month period and failure to assume parental responsibility.  The evidence was sufficient to support the jury’s verdict that the county proved… Read more

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Summary judgment in TPR case affirmed

Sheboygan County DHHS v. A.L.A., Sr., 2022AP267, District 2, 5/18/22 (one-judge decision; ineligible for publication); case activity The circuit court didn’t err in granting the County’s motion for summary judgment on the grounds alleged in the TPR petition because A.L.A. raised no genuine issues of material fact in response to the motion. The TPR petition alleged… Read more

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Sheboygan County DH&HS v. E.C., 2021AP1655, 4/20/22, District 2; (1-judge opinion, ineligible for publication); case activity While “Nina” was married to “John,” she became pregnant with “Eric’s” baby. A court found the baby to be a “child in need of protective services” and gave the standard TPR warning to Nina, but not to Eric.  Afterward… Read more

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