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1. Best interests of the child

State v. S.S.M., 2022AP524 & 2022AP525, District 1, 8/2/22 (one-judge decision; ineligible for publication); case activity Under § 48.415(intro.), termination of parental rights to children subject to the Indian Child Welfare Act (ICWA) requires, in addition to proof of one or more grounds for termination under subs. (1) to (10), proof of “active efforts,” as… Read more

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State v. S.G., 2022AP585-587, 7/19/22, District 1 (1-judge opinion, ineligible for publication); case activity S.G. argued that the circuit court failed to address 2 of the 6 “best interest” factors in §48.426(3) when it terminated her parental rights to her 3 sons. According to the court of appeals, the record proves otherwise. S.G. says the… Read more

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State v. L.T.H., 2022AP56 & 2022AP57, District 1, 7/19/22 (one-judge decision; ineligible for publication); case activity L.T.H. challenges the circuit court’s refusal to terminate her grounds trial from that of the father of one of her children, its decision to allow evidence of her own experience with the child welfare system when she was a… Read more

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State v. M.B., 2022AP89, District 1, 7/19/22 (one-judge decision; ineligible for publication); case activity M.B. entered a no contest plea to failing to assume parental responsibility and to her daughter being in continuing need of protection or services. During the plea colloquy, the circuit court suggested she had the “same trial rights” at the dispositional… 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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State v. Q.S., 2022AP420-421, 6/14/22, District 1, (1-judge opinion, ineligible for publication); case activity This appeal concerns whether the circuit court erroneously exercised its discretion when it it held that the termination of Q.S.’s parental rights to his three children was in their best interests.  The court of appeals held that the circuit court applied… Read more

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State v. M.S.H., 2022AP369, 6/1/2022, District 1 (one-judge decision; ineligible for publication); case activity The circuit court found M.S.H. to be an unfit parent on summary judgment. Turning to the dispositional phase, the court granted the state’s request to conceal from M.S.H. the identity of the person who the state considered likely to adopt her… Read more

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State v. S.R., 2022AP293, 294 & 295, 6/1/22, District 1 (one-judge decision; ineligible for publication); case activity S.R. appeals the termination of her parental rights to three of her children.  A jury found her unfit on two grounds: continuing CHIPS and failure to assume parental responsibility. She doesn’t challenge these findings on appeal; she instead… Read more

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