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6. No parental responsibility

State v. A.A.L., 2022AP1074, 10/11/22, District 1, (1-judge opinion, ineligible for publication); case activity  A parent’s failure to meet the conditions for the return of her child due to her incarceration is not a constitutional basis for finding her an unfit parent during the grounds phase of a TPR proceeding. Kenosha County DHS v. Jodie… Read more

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COA upholds TPR

Juneau County D.H.S. v. R.M., 2022AP1260, 9/29/22, District 4 (one-judge decision; ineligible for publication); case activity R.M. appeals the termination of her parental rights to her son, M.M. R.M. first argues there was insufficient evidence for jury’s unfitness findings as to both continuing CHIPS and failure to assume parental responsibility. The court of appeals recites… Read more

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TPR order affirmed

State v. J.W., 2022AP1338, District 1, 10/4/22 (one-judge decision; ineligible for publication); case activity J.W.’s challenges the sufficiency of the evidence at both the grounds and dispositional phases of the proceeding that terminated his parental rights to J.W., Jr. The court of appeals rejects his arguments. The TPR petition alleged continuing CHIPS under § 48.415(2)… 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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State v. D.T., 2022AP909, 8/23/22, District 1 (oen-judge decision; ineligible for publication); case activity D.T. showed up late for his Zoom TPR trial. It had been set for 9:00; D.T. appeared at 11:00 and said he was having eye trouble that kept him from logging in. The circuit court defaulted him and declined to vacate… Read more

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M.K.S. v. R.J.F., 2021AP1839, 8/16/22, District 1 (no recommended for publication); case activity Here is a result we don’t often see: a successful ineffective assistance of counsel claim in a TPR case. A jury found grounds to terminate “Richard’s” parental rights. Allegedly, he had failed to assume parental responsibility for his daughter, “Morgan.” On appeal… Read more

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Chippewa County Dep’t of Health and Human Servs. v. J.W.., 2021AP1986, 7/19/22, District  3, (1-judge opinion, ineligible for publication); case activity “Janine” raised an insufficient evidence claim and several ineffective assistance of counsel claims in her appeal from an order terminating her parental right to her son.  This post focuses on two of the IAC… Read more

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State v. A.T., 2022AP544, 6/28/22, District 1, (1-judge opinion, ineligible for publication); case activity Guys, if you have unprotected sex, call or text your partner after. And “Wisconsin law does not require courts to consider race or culture when determining whether to terminate parental rights.” Opinion, ¶29. Those are the two main takeaways from this… Read more

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