Dane County DHS v. Susan P.S., 2006 WI App 100, PFR filed 5/15/06 (published) Issue/Holding1: The same “self-representation competency standards developed in … criminal cases” applies to TPRs, ¶¶9-16. Standards summarized, ¶¶17-23. Though much of this recitation is fairly abstract, the following embellishment of Pickens v. State, 96 Wis. 2d 549, 292 N.W.2d 601 (1980) may be… Read more
B. Constitutional rights
State v. Lavelle W., 2005 WI App 266 Issue/Holding: ¶2 Birth-parents “have constitutionally protected rights to raise their children as they see fit, and these rights may only be circumscribed if the government proves that there is a ‘powerful countervailing interest.’” Richard D. v. Rebecca G., 228 Wis. 2d 658, 661, 599 N.W.2d 90, 92… Read more
State v. Lavelle W., 2005 WI App 266 Issue: Whether the right of a parent imprisoned in the federal system to “meaningfully participate” in a TPR proceeding was violated when he was not physically produced in court but, instead, was limited to telephonic participation. Holding: Where various mechanisms could have been utilized to produce the… Read more
Brown County v. Shannon R., 2005 WI 160, reversing unpublished opinion Issue: Whether the circuit court erroneously exercised discretion in precluding expert testimony on the issue of whether the TPR respondent is likely to be able to meet the conditions for return of her children. Holding: ¶71 The State’s interest in terminating parental rights promptly… Read more
Dane Co. DHS v. P.P., 2005 WI 32, affirming unpublished decision Issue: Whether § 48.424(4) (2001-02) on its face violates substantive due process, in failing to require an individualized determination of unfitness as a precondition for termination of parental rights. Holding: A parent has a fundamental liberty interest at stake in parenting his or her… Read more
