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6. No parental responsibility

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

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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

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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

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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

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State v. N.J., 2015AP1477 & 2015AP1478, District 1, 11/12/15 (one-judge decision; ineligible for publication); case activity The order terminating N.J.’s parental rights based on her failure to assume parental responsibility under § 48.415(6) was not invalidated by any failures by the Milwaukee Child Welfare Bureau to make reasonable efforts to reunite N.J. with her two… Read more

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State v. K.G., 2015AP245, District 1, 10/27/15 (one-judge decision; ineligible for publication); case activity K.G.’s stipulation to the failure-to-assume-parental-responsibility ground alleged in the TPR petition was valid even though K.G.’s later statements during the disposition hearing suggest he misunderstood what the state would have to prove to establish that ground for termination. Before accepting K.G.’s… Read more

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State . Michelle M., 2014ap1539, District 1; 1/27/15 (one-judge opinion; ineligible for publication); case activity In this TPR case, a circuit court instructed a jury using the version of WIS JI-Children 346 that allows consideration of whether a mother has exposed her child to a hazardous living environment. The court should have given the prior… Read more

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On review of an unpublished, one-judge court of appeals decision; case activity Issues (composed by On Point): Whether the trial court was clearly wrong in finding that Cecil had not failed to assume parental responsibility for his infant son? Whether a parent’s expression of interest in his child equates to having a “substantial relationship” with… Read more

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