Winnebago County DHS v. Ashley A.O., 2014AP2404, 12/23/14, District 2 (1-judge opinion, ineligible for publication); case activity A circuit court may not enter a summary judgment finding a parent unfit during the grounds phases of a TPR proceeding when that finding is based on an order denying the parent physical placement due to his (or her) incarceration. Alandria’s father was convicted… Read more
1. Abandonment
Portage County DHHS v. Shannon M., 2014AP1259-1260, 10/2/14, District 4 (1-judge opinion, ineligible for publication); case activity A jury found grounds–abandonment and continuing CHIPS–to terminate Shannon’s parental rights to her children. But the circuit court became worried that the jury might have viewed Shannon’s conduct very differently if it had known that the court had… Read more
Aaron W.M. v. Britany T.H., 2013AP2123, District 4, 2/13/14; court of appeals decision (1-judge; ineligible for publication); case activity Britany claimed trial counsel was ineffective for not objecting to: 1) hearsay testimony from the child’s father that related incidents of Britany’s bad parenting; and 2) the petitioner’s “golden rule” rule argument during closing, which asked… Read more
Dane County DHS v. John L.-B., 2013AP462, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity This decision rejects Dane County’s appeal from the dismissal of a TPR petition after a jury verdict in favor of the parent. Here’s the factual background: Dane County filed a TPR petition against John L.-B. in… 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
Walworth County DH&HS v. Andrea O., 2010AP2938, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Andrea O.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity Evidence supported jury verdict on abandonment as to grounds for terminating parental rights, as against claim of good cause (incarceration) for conceded failure to communicate with the… Read more
Heather B. v. Jennifer B., 2011 WI App 26; for Jennifer B.: Martha K. Askins, SPD, Madison Appellate; case activity Where abandonment as a ground for termination, § 48.415(1)(a)2., is triggered by removal from the home under a CHIPS order, the 3-month period of abandonment must fall completely within the duration of the CHIPS placement order. Here… Read more
Nathan Y. v. Tarik T., 2010AP992, District IV, 10/7/10 court of appeals decision (1-judge, not for publication); for Tarik T.: Philip J. Brehm The court rejects the argument that under Steven V. v. Kelley H., 2004 WI 47, ¶36, summary judgment is inappropriate when the ground alleged is abandonment. ¶7 … First, Steven V. explained that… Read more
