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Summary judgment in TPR case upheld

Juneau County DHS v. B.J., 2021AP1359, 2021AP1360, 2021AP1361, District 4, 11/4/21 (one-judge decision; ineligible for publication); case activity

The circuit court properly granted summary judgment on the TPR petitions against B.J., based on: B.J.’s was conviction for sexually assaulting one of the children, among other crimes, for which he was sentenced to 50 years of confinement; evidence B.J. engaged or had others engage is sexually improper behavior with the children; and evidence about the living conditions of the children. B.J.’s complaint that the circuit court should’ve considered his affidavit in opposition to summary judgment is rejected because the affidavit was untimely, and the circuit court properly exercised its discretion in declining to consider the late filing.

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