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
6. No parental responsibility
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
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
On review of an unpublished, one-judge court of appeals decision; case activity Issues (composed by On Point): Whether the trial court was clearly wrong in finding that Cecil had not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
Manitowoc County Human Services Dep’t v. Ralph B., 2014AP140, District 2, 7/30/14 (not recommended for publication); case activity The court of appeals affirmed the circuit court’s decision to terminate Ralph B.’s parental rights because Manitowoc County met its burden of proving a failure to assume parental responsibility and because trial counsel had sound strategic reasons… 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
Mary E.B. v. Cecil M., 2014AP160, District 2, 3/26/14; court of appeals decision (1-judge; ineligible for publication), petition for review granted, 9/18/14, appeal voluntarily dismissed 12/17/14; case activity The circuit court properly found that a mother who petitioned to terminate the father’s parental rights did not prove the father failed to assume parental responsibility, § 48.415(6). The… Read more
State v. Delano W., 2013AP2445 & 2013AP2446, District 1, 3/14/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP2445; 2013AP2446 The trial court did not violate Delano’s due process rights and properly exercised its discretion when it prohibited Delano from visitation with his children pending the trial on a petition to terminate his… Read more