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COA affirms discretionary termination order under deferential standard of review

State v. T.L., 2024AP859-863, 8/1/24, District I (one-judge decision; ineligible for publication); case activity

In yet another TPR appeal challenging the circuit court’s discretionary termination order, COA affirms given the imposing standard of review.

“Taylor” is the mother of five children who were removed from her care following allegations of neglect and abuse. (¶2). Taylor also faced criminal prosecution for her actions. (Id.). After Taylor failed to comply with the conditions of the CHIPS dispositional orders, the State moved to terminate her parental rights. (¶3). Taylor ultimately pleaded no contest to the continuing CHIPS ground. (Id.). Following a dispositional hearing, the court terminated her rights with respect to all five children. (¶4).

On appeal, Taylor “argues that the circuit court erroneously exercised its discretion when it terminated her parental rights because its dispositional findings are not supported by the record. Essentially, Taylor argues that the circuit court should have weighed the evidence differently.” (¶6). After an exhaustive review of the record evidence, however, COA is “confident that the circuit court considered the standard and all statutory factors in determining what was in each child’s best interest.” (¶25). Although Taylor is frustrated with how the circuit court chose to weigh that evidence, the deferential standard of review means that COA must affirm in the face of this record. (Id.).

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