D. Grounds, Sec. 48.415

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

State v. A.M.B., 2015AP1618, District 1, 4/12/16 (one-judge decision; ineligible for publication); case activity Andy was incarcerated when his daughter Catie was born and he remained in custody throughout the subsequent CHIPS and TPR proceedings. He ultimately admitted to the continuing CHIPS ground for termination of his parental rights, but now claims his admission was invalid because… Read more

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

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

K.C. v. B.S.-S., 2015AP1702, District 2, 1/13/16 (one-judge decision; ineligible for publication); case activity B.S.-S.’s single conviction for intentionally causing harm to a child in violation of § 948.03(2)(b) does not demonstrate “a pattern of physically … abusive behavior” under § 48.415(5), so the circuit court erred in terminating B.S.-S.’s parental rights based on that conviction. ¶5    … Read more

Adams County DHHS v. D.S., 2015AP1937, District 4, 12/10/2015 (one-judge decision; ineligible for publication); case activity D.S. appeals the termination of her parental rights to her daughter, raising a substantive due process challenge to the jury’s finding of unfitness and contending that the circuit court erroneously found termination to be in the child’s best interest. Continuing CHIPS was… Read more

Dane County DHS v. J.D., 2015AP1800, District 4, 11/19/2015 (one-judge decision; ineligible for publication); case activity One of the statutory grounds for a finding of unfitness leading to termination of parental rights is the court-ordered denial of placement or visitation for at least one year. Wis. Stat. § 48.415(4). In Dane County DHS v. P. P., 2005 WI… Read more