State v. S.D., 2016AP1701-1702, 7/5/17, District 1, (1-judge opinion, ineligible for publication); case activity This TPR appeal raises a number of interesting issues ranging from a Daubert challenge to the State’s psychologist and “parenting capacity assessment” to an ineffective assistance of counsel claim for failure to raise an “unconstitutional as applied” challenge to the standard… Read more
D. Grounds, Sec. 48.415
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
Jefferson County Human Serv. Dep’t v. V.B., 2016AP2468-2469, 3/16/17, District 4 (1-judge opinion; ineligible for publication); case activity The circuit court found that V.B.’s children were in continuing need of protective services and thus there it had grounds to terminate her parental rights pursuant to §48.415(2). On appeal,V.B. unsuccessfully challenged the evidence supporting the 3rd and… Read more
Dane County D.H.S. v. J.B., 2016AP2422, District 4, 2/16/17 (1-judge opinion, ineligible for publication); case activity To terminate parental rights based on the “continuing CHIPS” ground, the jury had find that there was a substantial likelihood that JB would not meet the conditions for the safe return of her child within 9 months of the… Read more
State v. P.T., 2016AP1460, 1/24/17, District 1 (1-judge opinion; ineligible for publication); case activity P.T. challenged a circuit court decision terminating his parental rights to his son on 2 grounds: (1) his stipulation to ground for termination was not knowing, intelligent and voluntary under Bangert, and (2) the postdisposition court should not have reviewed the… Read more
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
Portage County DHHS v. D.B., 2016AP1233 & 1234, 11/17/16, District 4 (1-judge decision; ineligible for publication); case activity D.B. raises challenges to both the disposition and grounds phases of the hearing that resulted in the termination of her rights to her two children. The court of appeals rejects both. D.B.’s first complaint is that the… Read more
Dane County DHS v. S.C., 2016AP1787, 11/17/16, District 4 (1-judge decision; ineligible for publication); case activity S.C. appeals the termination of her parental rights to her daughter D.C. She pled to a continuing CHIPS ground; she challenges only the circuit court’s discretionary conclusion, at the dispositional phase, that termination was in D.C.’s best interest.As far… Read more