E. Procedure

J.P. v. A.P., 2018AP1775 through 2018AP1778, District 4, 4/18/19 (one-judge decision; ineligible for publication); case activity In this unusual case, the court of appeals agrees with a parent in a TPR proceeding that the circuit court may not have subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act because of an order issued… Read more

Jackson County DHS v. R.H.H., Jr., 2018AP2440 to 208AP2443, District 4, 4/4/19 (one-judge decision; ineligible for publication); case activity At the grounds phase R.H.H.’s termination of parental rights proceedings, the circuit court granted the County’s motion for summary judgment on the basis of continuing denial of visitation under § 48.415(4). Not so fast, says the… Read more

State v. T.R.C., 2018AP820, 4/2/19, District 1 (1-judge opinion, eligible for publication); case activity T.R.C. pled “no contest” to grounds for termination of her parental rights to D. On appeal she argued that her plea was not knowing, intelligent and voluntary, that her trial counsel was ineffective, and that the TPR order should be vacated… Read more

Brown County Human Services v. B.P and T.F., 2019 WI App 18; case activity T.F. argued that when the Department seeks to terminate parental rights on the grounds of abandonment in a case where the child is out of the home and a CHIPS order is in place, it must proceed under §48.415(1)(a)2., rather than (a)3… Read more

State v. L.V., 2018AP1065, 1/29/19, District 1 (one-judge opinion; ineligible for publication); case activity The defense moved to exclude evidence of L.V.’s criminal record prior to his daughter’s birth. The State told the court it had no intention of introducing his criminal record at trial. But when L.V. took the stand, guess who started asking… Read more

Juneau County DHS v. L.O.O., 2018AP654, District 4, 11/8/2018 (one-judge decision; ineligible for publication); case activity (including briefs) The County filed a TPR petition alleging as grounds that L.O.O. abandoned his child under § 48.415(1)(a)2.  The County alleged 6 three-month periods of abandonment. (¶4). Because there was no issue of material fact as to one… Read more

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