Brown County DHS v. H.P., 2019AP1324 & 2019AP1325, District 3, 5/13/20 (one-judge decision; ineligible for publication); case activity This case involves another challenge to the application of the new version of § 48.415(2)(a)3. in cases where the CHIPS order was entered before the effective date of the amendments. As in Dane County DHS v. J.R… Read more
3. Continuing CHIPS
Kenosha County DHS v. M.M.B., 2019AP1776 & 1777, 1/22/20, District 2 (one judge decision; ineligible for publication); case activity M.M.B. is the father of two children, each of whom has a serious genetic disorder that threatens normal brain growth and function. The disorder can’t be cured but it can be controlled by adherence to a… Read more
Dane County D.H.S. v. J.R., 2020 WI App 5; case activity J.R.’s children were placed outside the home pursuant to two CHIPS cases. During the placement, the legislature changed the 4th element for the “continuing CHIPS” ground for termination of parental rights. When the County petitioned to terminate J.R.’s rights, it proceeded under the amended… Read more
G.K. v. S.C., 2019AP1645, 2019AP1646, & 2019AP1647, District 4, 11/7/19 (one-judge decision; ineligible for publication); case activity S.C.’s parental rights to her three children were terminated due to continued denial of periods of physical placement under § 48.415(4) based on a family court order that denied her periods of physical placement. She argued the family… Read more
State v. T.S.W., 2019AP450-451, District 1, 10/22/19 (1-judge opinion, ineligible for publication); case activity The trial court failed to hold a hearing on T.S.W.’s motion for change of physical placement of her child, J.C., before the jury trial on the grounds phase of her TPR. She argued that this violated her right to due process because… Read more
State v. T.L.G., 5018AP1291, 9/4/19, District 1 (one-judge decision; ineligible for publication); case activity T.L.G., who is cognitively limited, appeals the termination of her parental rights to her son. During the proceedings below her lawyer requested a competency evaluation; eventually the court appointed T.L.G. a guardian ad litem. T.L.G. ultimately pleaded no-contest to the asserted… Read more
Walworth County DHS v. S.S.K., 2019AP782, 7/17/19, District 2 (1-judge opinion, ineligible for publication); case activity During the grounds phase of the Walworth County’s TPR case against S.S.K., she “admitted” the ground of continuing CHIPS; she didn’t plead “no contest.” This distinction proved decisive to the court of appeals’ decision to affirm the termination of… Read more
Adams County Health and Human Serv. Dep’t. v. D.J.S., 2019AP506, District 4, 6/20/19 (1-judge opinion, ineligible for publication; case activity You don’t see defense wins in TPR appeals very often! In this case, D.J.S., the witnesses, the GAL, and counsel for both parties were at the Adams County Courthouse. For unknown reasons,the judge appeared by… Read more