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D. Grounds, Sec. 48.415

R.J.M. v. M.R.H., 2016AP1307, 9/22/2016, District 4 (1-judge decision, ineligible for publication); case activity M.R.H. appeals the termination of his parental rights to his son, arguing that the jury during the grounds phase should not have heard (1) that he had previously been willing to voluntarily terminate his rights or (2) that his son wanted… Read more

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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

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Evidence sufficient to support TPR order

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

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State v. K.M., 2016AP421, 5/17/2016, District 1 (one-judge decision, ineligible for publication); case activity The court of appeals rejects a mother’s two challenges to the termination of her parental rights. The TPR petition alleged continuing CHIPS as the unfitness ground. (¶3). The mother’s first claim is that some of the conditions of return in the CHIPS… Read more

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St. Croix County Department of Health and Human Services v. Michael D. & Juanita A., 2016 WI 35, 05/12/2016, reversing an unpublished court of appeals decision; case activity Waukesha County v. Steven H., 2000 WI 28, 233 Wis. 2d 344, 607 N.W.2d 607, finds itself roundly praised and deeply buried by our high court. There are… Read more

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Rock County HSD v. W.J., 2015AP2469, District 4, 5/12/16 (one-judge decision; ineligible for publication); case activity The county department had authority under § 48.42(1) to file a TPR petition alleging any ground for termination. The petition in this case alleged W.J. abandoned his child and that the child was in continuing need of protection and services… Read more

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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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Waukesha County DH&HS v. K.R.G., 2016AP222, 4/20/16, District 2 (1-judge opinion; ineligible for publication); case activity The court of appeals here holds that a mom’s failure to follow court orders and failure to make court appearances were egregious enough to justify a default finding of grounds for terminating her parental rights even though she asserted… Read more

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