State v. J.D.C., Jr., 2022AP1028, District 1, 9/27/22 (one-judge decision; ineligible for publication); case activity The court of appeals rejects J.D.C.’s claim that the circuit court erroneously exercised its discretion in deciding that termination of J.D.C.’s parental rights was in the best interest of his parental rights to C.M.M. J.D.C. concedes the court considered all… Read more
F. Fact-finding, Sec. 48.424
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
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
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
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
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
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
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
