Marathon County v. Julie H., 2010AP2157, District 3, 3/22/11 court of appeals decision (1-judge, not for publication); for Julie H.: Dennis Schertz; case activity Evidence held sufficient to sustain grounds for termination, namely failure to abide by CHIPS conditions. She failed to provide for the child’s protection and safety, in that her live-in fiance, a… Read more
D. Grounds, Sec. 48.415
Winnebago County DHHS v. Thomas C. W., 2010AP847, District 2, 3/16/11 court of appeals decision (1-judge, not for publication); for Thomas C.W.: Theresa J. Schmieder; case activity Though trial counsel was ineffective with respect to a single discrete oversight – failure to lodge a meritorious motion for judgment notwithstanding verdict as to one of the… Read more
Walworth County DH&HS v. Andrea O., 2010AP2938, District 2, 2/23/11 court of appeals decision (1-judge, not for publication); for Andrea O.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity Evidence supported jury verdict on abandonment as to grounds for terminating parental rights, as against claim of good cause (incarceration) for conceded failure to communicate with the… Read more
Heather B. v. Jennifer B., 2011 WI App 26; for Jennifer B.: Martha K. Askins, SPD, Madison Appellate; case activity Where abandonment as a ground for termination, § 48.415(1)(a)2., is triggered by removal from the home under a CHIPS order, the 3-month period of abandonment must fall completely within the duration of the CHIPS placement order. Here… Read more
Marathon County Dept. of Social Services v. Lorie O., 2010AP2351, District 3, 12/21/10 court of appeals decision (1-judge, not for publication); for Lorie O.: Leonard D. Kachinsky; case activity Summary judgment may be granted as to grounds for TPR, Steven V. v. Kelley H., 2004 WI 47, ¶6; but where the CHIPS order, on which… Read more
Dane Co. DHS v. Susan P. S, 2010AP573, District 4, 12/9/10 court of appeals decision (1-judge, not for publication); pro se Determination of the “best interests of the child” at TPR disposition includes consideration of various factors, including the “wishes of the child.” The TPR court need not hear directly from the child, but may… Read more
State v. LaDonna E., 2010AP1733, District 1, 12/7/10 court of appeals decision (1-judge, not for publication); for LaDonna E.: Jane S. Earle Termination of parental rights upheld. Mother (LaDonna E.), after defaulting on grounds phase, challenged termination on basis that child’s aunt, who had custody and wanted to adopt child, should be appointed guardian instead. ¶9 The circuit… Read more
Nathan Y. v. Tarik T., 2010AP992, District IV, 10/7/10 court of appeals decision (1-judge, not for publication); for Tarik T.: Philip J. Brehm The court rejects the argument that under Steven V. v. Kelley H., 2004 WI 47, ¶36, summary judgment is inappropriate when the ground alleged is abandonment. ¶7 … First, Steven V. explained that… Read more
