Brown County Human Services v. B.P and T.F., 2019 WI App 18; case activity T.F. argued that when the Department seeks to terminate parental rights on the grounds of abandonment in a case where the child is out of the home and a CHIPS order is in place, it must proceed under §48.415(1)(a)2., rather than (a)3… Read more
D. Grounds, Sec. 48.415
D.R. v. B.D., 2018AP1731 & 2018AP1732, District 3, 2/20/19 (one-judge decision; ineligible for publication); case activity B.D.’s challenges to the order terminating his parental rights come up short. B.D. lost legal custody and placement of his two children after he was convicted of and placed on probation for committing misdemeanor battery against them. A year… Read more
State v. S.M.T., 2018AP2113, 2018AP2114, & 2018AP2115, District 1, 1/29/19 (one-judge decision; ineligible for publication); case activity The court of appeals rejects S.M.T.’s challenges to the sufficiency of the evidence terminating her parental rights based on the children’s continuing need of protective services and S.M.T.’s failure to assume parental responsibility. All three of S.M.T.’s children… Read more
State v. L.V., 2018AP1065, 1/29/19, District 1 (one-judge opinion; ineligible for publication); case activity The defense moved to exclude evidence of L.V.’s criminal record prior to his daughter’s birth. The State told the court it had no intention of introducing his criminal record at trial. But when L.V. took the stand, guess who started asking… Read more
State v. K.L., 2018AP2180-2183, 1/23/19, District 1; (1-judge opinion, ineligible for publication); case activity After the circuit court terminated K.L.’s parental rights to 4 of his kids, he appealed arguing that the finding that he failed to assume parental responsibility for his kids was clearly erroneous. The circuit court focused only on the period after… Read more
State v. J.A., 2018AP1257, District 1, 12/4/18 (one-judge decision; ineligible for publication); case activity J.A.’s parental rights were terminated on the ground he failed to assume parental responsibility. He argues the CHIPS order itself created a substantial parental relationship, thereby precluding the state from using that ground to terminate his rights. Alternatively, he argues the CHIPS… Read more
State v. R.H., 2018AP1827, District 1, 12/4/18 (1-judge opinion, ineligible for publication); case activity The standard of review doomed this appeal, which argued that there was insufficient evidence to support the trial court’s finding that R.H. failed to assume parental responsibility during the grounds phase of a TPR. According to the court of appeals: ¶10… Read more
Juneau County DHS v. L.O.O., 2018AP654, District 4, 11/8/2018 (one-judge decision; ineligible for publication); case activity (including briefs) The County filed a TPR petition alleging as grounds that L.O.O. abandoned his child under § 48.415(1)(a)2. The County alleged 6 three-month periods of abandonment. (¶4). Because there was no issue of material fact as to one… Read more
