State v. Mary G., 2015AP55, 2015AP56, & 2015AP57, District 1, 6/2/15 (one-judge decision; ineligible for publication); case activity At the grounds phase of the trial on a TPR petition, the circuit court properly ordered Mary G. to provide the State with notes from her mental health treatment provider and appropriately considered evidence regarding Mary’s failure to… Read more
3. Continuing CHIPS
Review of an unpublished court of appeals decision; case activity Issue (composed by On Point): Do §§ 48.415(2)(a)1. and 48.356(2) require the final CHIPS order filed before a TPR petition warn the parent about grounds for termination and the conditions for return or the child, or is it sufficient that the parent was given “adequate notice”… Read more
State v. Kiwana L., 2014AP2306, District 1, 1/13/15 (1-judge decision; ineligible for publication); case activity Kiwana L.’s substantive due process rights were not violated by the conditions set by the circuit court for return of her daughter Jasmine because those conditions were narrowly tailored to address her mental health issues; thus, the termination of her parental rights… Read more
Portage County DHHS v. Shannon M., 2014AP1259-1260, 10/2/14, District 4 (1-judge opinion, ineligible for publication); case activity A jury found grounds–abandonment and continuing CHIPS–to terminate Shannon’s parental rights to her children. But the circuit court became worried that the jury might have viewed Shannon’s conduct very differently if it had known that the court had… Read more
Barron County DHHS v. Maria A., 2013AP2735, District 3, 4/1/14; court of appeals decision (1-judge; ineligible for publication); case activity Under the highly deferential standard of review for sufficiency claims, State v. Quinsanna D., 2002 WI App 318, ¶30, 259 Wis. 2d 429, 655 N.W.2d 752, the evidence was sufficient to support the finding that Maria… Read more
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
Ozaukee County DHS v. Callen D.M., 2013AP1157, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity Callen D.M. was not entitled to an instruction about the impossibility of meeting the conditions of a CHIPS order due to her incarceration, a TPR defense recognized in Kenosha Cty. DHS v. Jodie W., 2006 WI 93… Read more
State v. Ebony D., 2013AP619, 2013AP620, & 2013AP621, District 1, 6/25/13; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP619; 2013AP620; 2013AP621 The continuing need for protection and services grounds for termination of parental rights, § 48.415(2), is not unconstitutional as applied to Ebony D. because the evidence shows she was able to meet the… Read more
