Adams County DHS v. S.D., 2018AP466, District 4, 11/8/18 (one-judge decision; ineligible for publication); case activity Rejecting S.D.’s claims that she had raised genuine issues of material fact supporting a defense, the court of appeals affirms the summary judgment against S.D. on the grounds of the three-month abandonment provision in § 48.415(1)(a)2. S.D. claims there… Read more
D. Grounds, Sec. 48.415
State v. M.G., 2018AP835, 10/23/18, District 1 (one-judge decision; ineligible for publication); case activity M.G. appeals the termination of his parental rights to his daughter, M.W. He stipulated to unfitness on the ground of failure to assume parental responsibility. See Wis. Stat. § 48.415(6). On appeal, he contends the circuit court erroneously imported the required… Read more
Rock County DHS v. L.H., 2018AP1308, 10/11/18, District 4 (one-judge decision; ineligible for publication); case activity L.H. challenges the circuit court’s finding that the county department established continuing-CHIPS grounds for termination of her parental rights to her daughter. She says the county can’t have met its burden to show a “substantial likelihood” she wouldn’t meet… Read more
K.M. v. R.O., 2018AP1206, District 1, 9/18/18 (1-judge opinion, ineligible for publication); case activity One ground for terminating a person’s parental rights is that the parent “abandoned” his child for 6 months or longer. In this case, a court ordered R.O. to have no contact with the mother of his child, which interfered with his… Read more
State v. R.D.J., 2017AP547, 8/7/18, District 1 (one-judge decision; ineligible for publication); case activity R.D.J. appeals the termination of his parental rights to his daughter, T.S.J. He argues that his lawyer was ineffective for not challenging the state’s expert’s report on Daubert and undue prejudice grounds, that his due process rights were violated because T.S.J.’s… Read more
Monroe County DHS v. A.D., 2018AP825, District 4, 7/5/18 (one-judge decision; ineligible for publication); case activity A.D. argues the circuit court shouldn’t have granted summary judgment as to the grounds of the petition to terminate her parental rights, which alleged continuing denial of periods of physical placement or visitation under § 48.415(4). She also challenges the… Read more
State v. F.E.L., 2017AP2489, 6/5/18, District 1 (one-judge decision; ineligible for publication); case activity F.E.L. seeks to withdraw his no contest plea at the grounds phase of his TPR proceeding. He contends there was an insufficient factual basis for the single ground he pled to, failure to assume parental responsibility. F.E.L. is serving a 20-year… Read more
State v. A.E., 2017AP1773 & 2017AP1774, District 1, 5/8/18 (one-judge decision; ineligible for publication); case activity This is the third TPR opinion in a week addressing challenges to the denial of a postjudgment fact-finding hearing under § 809.107(6)(am) and a constitutional challenge to the application of the failure to assume parental responsibility standard to a… Read more
