D. Grounds, Sec. 48.415

Rock County HSD v. Jennifer B., 2011AP1524, District 4, 9/8/11 court of appeals decision (1-judge, not for publication); for Jennifer B.: Gina Frances Bosben; case activity Evidence of the child’s diagnoses (ADHD; PTSD) was relevant to the main issue in contention, and was not unduly prejudicial, hence was admissible in the grounds phase of the TPR… Read more

State v. Cedrick M., 2010AP3011, District 1, 8/30/11 court of appeals decision (1-judge, not for publication); for Cedrick M.: John J. Grau; case activity Directed verdict as to grounds for termination held permissible, citing Door Cnty. DHFS v. Scott S., 230 Wis. 2d 460, 602 N.W.2d 167 (Ct. App. 1999), ¶¶10-11. The trial court was empowered to… Read more

Kevin G. v. Jennifer M. S., 2009AP1377, District 4, 8/17/11 court of appeals decision (1-judge, not for publication); for Jennifer M.S.: Susan E. Alesia, SPD, Madison Appellate; case activity Evidence held sufficient to support termination for failure to assume parental responsibility, § 48.415(6)(a), applying “totality-of-the-circumstances test” where “the fact-finder should consider any support or care, or lack thereof, the… Read more

Dane Co. DHS v. Porfirio O. / Minerva L., 2011AP1247 et al., District 4, 8/11/11 court of appeals decision (not recommended for publication); for Porfirio O.: Dennis Schertz; for Minvera L.: Steven Zaleski; case activity (Porfirio); case activity (Minerva) The parents did not meet their burden of showing factual dispute as to whether their incarceration… Read more

D’Ann K. v. Benjamin J. G., 2010AP1655, District 4, 7/20/11 court of appeals decision (1-judge, not for publication); for Benjamin J.G.: Gina Frances Bosben; case activity With failure to assume parental responsibility as the ground for termination, Benjamin G. “argues that the court did not properly apply the totality of the circumstances test established in Tammy W-G. because… Read more

Tammy W-G. v. Jacob T., 2011 WI 30, on certification; for Jacob T.: Eileen A. Hirsch, SPD, Madison Appellate; case activity TPR – Grounds, § 48.415(6) – “Substantial Parental Relationship” ¶22  The language of Wis. Stat. § 48.415(6), specifically the underscored language, indicates that under § 48.415(6), a fact-finder must look to the totality-of-the-circumstances to determine if a parent… Read more

State v. Gabriel S., 2010AP2876, District 1, 4/19/11 court of appeals decision (1-judge, not for publication); for Gabriel S.: Jane S. Earle; case activity Decision to terminate parental rights upheld as proper exercise of discretion, against argument (as to grounds) that Gabriel S. wasn’t to blame for abuse that caused child to be removed from… Read more