State v. F.J.R., 2017AP558 & 559, 6/13/17, District 1 (one-judge decision; ineligible for publication); case activity F.J.R. appeals the termination of her parental rights to her two children. She argues that the court’s pretrial suspension of visitation with one of the children prejudiced her in various ways. The court of appeals disagrees. The county authority… Read more
6. No parental responsibility
State v. B.H., 2016AP892-893, District 1, 12/28/16 (1-judge opinion, ineligible for publication) B.H.’s twins were taken from her due to a report of violence between her and their father. The trial court found that she had failed to meet the conditions for their return and to assume parental responsibility. B.H. argues that those findings rest upon inadmissible… Read more
State v. V.A., 2015AP1614, 7/19/16, District 1 (1-judge opinion; ineligible for publication); case activity V.A. presented many issues on appeal, and the court rejected all of them. The most interesting ones concern collateral attacks on CHIPS orders, competency, and whether Wisconsin’s “failure to assume parental responsibility” statute is unconstitutional as applied to V.A. Collateral attack… Read more
State v. J.M., 2016AP817 & 2016AP817, District 1, 7/6/16 (one-judge decision; ineligible for publication); case activity The evidence introduced at the fact finding hearing was sufficient to establish both continuing CHIPS and failure to assume parental responsibility grounds, and the circuit court properly exercised its discretion in finding that termination was in the best interests of… Read more
State v. G.H., 2015AP1606, District 1, 4/28/16 (one-judge decision; ineligible for publication); case activity G.H.’s parental rights to M.R.H. were terminated on the grounds that M.R.H. remained in need of protection or services under § 48.415(2) and that G.H. had failed to assume parental responsibility under § 48.415(6). The court of appeals rejects his claims… Read more
State v. L.N.S., 2015AP1617, District 1, 4/12/16 (one-judge decision; ineligible for publication); case activity The evidence regarding the mother’s interaction with her daughter over the daughter’s entire lifetime was sufficient to support the jury’s determination that the mother failed to assume parental responsibility. Melissa cared for her daughter Catie for the first seven weeks of Catie’s life… Read more
Racine County Human Services Dep’t v. L.H., 2015AP1872, 3/23/16, District 2 (1-judge opinion; ineligible for publication); case activity During the fact-finding stage of L.H.’s TPR trial, counsel (1) failed to object to evidence that L.H’.s child, C.M., had bonded with his foster parents; (2) failed to object to an inaccurate 5/6ths verdict instruction; and (3) and… Read more
State v. J.S., 2015AP707, District 1, 3/15/16 (one-judge decision; ineligible for publication); case activity Applying the failure to assume parental responsibility statute, § 48.415(6), to J.S. did not violate his right to substantive due process because J.S.’s own behavior, not the CHIPS order removing his daughter S.L. from her parental home, was what prevented him from… Read more
