State v. Lawanda R., 2013AP1661, District 1/4, 1/16/14; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court properly found that a parent with serious cognitive disabilities (she “functions at the level of a child less than ten years old” (¶8)) was unfit under § 48.415(2) on the sole basis that she failed… Read more
B. Constitutional rights
Winnebago County DHS v. Christina M.C., 2013AP1519/1520; District 2; 11/27/13 (1-judge; ineligible for publication); case activity In the initial “grounds” stage of this TPR, the County and the GAL made several veiled references, plus one explicit reference, to the “bests of the child,” a topic that’s not to be addressed until stage 2. Christina moved to set… Read more
Walworth County DH&HS v. Roberta J.W., 2013 WI App 102; consolidated case activity: 2012AP2387; 2012AP2388 The County petitioned to terminate Roberta’s parental rights in 2007 on the grounds her children were in continuing need of protection and services. After a jury trial and dispositional hearing her rights were terminated, but on appeal the termination order was… Read more
Jenna L.C. v. Dustin J.K.V., 2012AP2696, District 2, 5/29/13; court of appeals decision (1-judge, ineligible for publication); case activity The court of appeals rejects Dustin’s claim that his attorney was ineffective at the fact-finding hearing on a TPR petition alleging he had failed to assume parental responsibility for his daughter, Breyanna. Trial counsel did not… Read more
Ronald J.R. v. Alexis L.A., 2013 WI App 79; case activity This is an appeal from a partial summary judgment decision finding grounds to terminate Alexis L.A.’s parental rights. The father, Ronald J.R., sought termination on two grounds and won summary judgment on the first one. The parties then stipulated that Ronald would withdraw the second… Read more
Dane County DHS v. Mable K., 2013 WI 28, reversing court of appeals summary order; case activity ¶3 We conclude, and the circuit court has acknowledged, that it erroneously exercised its discretion when it entered a default judgment finding that grounds existed to terminate Mable K.’s parental rights after barring her attorney from offering additional… Read more
Racine County v. Latanya D.K., 2013 WI App 28; case activity TPR – Waiver of jury trial need not be part of admission colloquy ¶2 Latanya’s major arguments raise an important question: Must the court engage in a personal colloquy with a parent regarding his or her waiver of the right to a jury trial before accepting the parent’s… Read more
La Crosse Co. DHS v. Kristle S., 2012AP2005, District 4, 11/21/12 court of appeals decision (1-judge, ineligible for publication); case activity The parent was given a meaningful opportunity to cross-examine the social worker with respect to conditions for the children’s return, in that the trial court permitted extensive questioning on these issues before instructing counsel to pursue a different… Read more
