State v. H.C., 2025 WI 20, 6/3/25, affirming an unpublished court of appeals decision; case activity In a decision that has been awaited by TPR practitioners, all seven justices affirm COA’s mandate, with five justices joining in a majority opinion which concludes there is no burden of proof applicable at a dispositional hearing. As we’ve… Read more
G. Disposition, Secs. 48.426-427
Waukesha County v. A.T., 2025AP167, 4/2/25, District II (1-judge decision, ineligible for publication); case activity “Amber” appeals from an order terminating her parental rights to her 6-year-old daughter, “Holly.” She argues the circuit court erroneously exercised its discretion at disposition. COA affirms under the deferential, erroneous exercise of discretion standard. Holly was removed from Amber’s… Read more
State v. R.J.S., 2024AP2186, 2/7/25, District I (1-judge decision, ineligible for publication); case activity COA rejects R.J.S.’s challenges to the sufficiency of the evidence and applies a well-settled standard of review to uphold the circuit court’s discretionary termination order. Sufficiency of the Evidence A jury found in favor of the State with respect to both… Read more
State v. T.H.-M., 2024AP1271-1273, District I, 10/29/24 (one-judge decision; ineligible for publication); case activity In another dense and fact-specific opinion, COA holds that the evidence was sufficient to support a finding that the parent was unfit and rejects T.H.-M.’s argument that the circuit court improperly weighed the evidence at disposition. “Tiffany” appeals the verdict after… Read more
Waukesha County Dept. of Health & Human Services v. M.M.M., 2024AP1622, 10/30/24, District II (one-judge decision; ineligible for publication); case activity In a straightforward case addressing sufficiency of the evidence, the COA affirmed the circuit court’s order to terminate M.M.M’s (referred to as Mary) parental rights. The Court found that the evidence was sufficient to… Read more
State v. C.M., 2024AP1416-1418, District I, 10/15/24 (one-judge decision; ineligible for publication); case activity The parent’s challenge to the court’s discretionary termination decision goes nowhere given the standard of review. “Corinna” alleges that the circuit court erroneously exercised its discretion at the dispositional hearing because its finding regarding the third statutory factor–the existence of a… Read more
A.K.B. v. J.J.G., 2024AP1116, 10/9/24, District II (one-judge decision; ineligible for publication); case activity “Jay” appeals from orders terminating his parental rights and denying his postdisposition motion, arguing the circuit court erroneously exercised its discretion when it terminated his parental rights under the voluntary termination statute, Wis. Stat. § 48.41, rather than applying the hearing… Read more
COA: Circuit court exercised discretion at disposition despite not explicitly considering one factor
State v. S.O., 2024AP1350, 10/8/24, District I (one-judge decision; ineligible for publication); case activity S.O. (“Sarah”) challenges the order terminating her parental rights to her son, “Daniel,” arguing that the circuit court erroneously exercised its discretion at disposition when it failed to explicitly consider Daniel’s wishes. Daniel was removed from his parents’ care shortly after… Read more
