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TPR – Interest-of-Justice Review

Dane Co. DHS v. Tierra M., 2010AP1648, District 4, 9/23/10

court of appeals decision (1-judge, not for publication); for Tierra M.: Martha K. Askins, SPD, Madison Appellate

The court rejects the idea that Tierra M.’s termination of parental rights wasn’t “fully tried” under the theory that the subsequently decided Sheboygan County Department of Health & Human Services v. Tanya M.B., 2010 WI 55 requires departmental services relevant to implied as well as explicitly ordered conditions for the children’s return. (The court distinguishes, among other things, “situations where the jury was affirmatively misled or where verdict questions clearly misstated the applicable law,” ¶19.)

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