State v. Bobby G., 2007 WI 77, reversing a summary order remanding the case to the court of appeals. Issue/Holding: ¶5 For the reasons set forth, we hold that in determining whether a party seeking termination of parental rights has proven by clear and convincing evidence that a biological father has failed to assume parental… Read more
D. Grounds, Sec. 48.415
Waukesha Co. DHHS v. Teodoro E., 2008 WI App 16, District 2 (published) Issue/Holding: Conditions imposed for non-termination of a deported parent’s children weren’t impossible, notwithstanding parent’s inability to return to country: ¶23 But as the circuit court noted, “Mexico is not prison” and Teodoro remained free to work on and meet many of the… Read more
Kenosha Co. DHS v. Jodi W. 2006 WI 93, reversing summary order Issue: Whether finding of parental unfitness in a TPR, grounded on a condition for the child’s return that was impossible to meet when imposed (namely that the parent set up a suitable residence within 12 months even though she was incarcerated and would… Read more
Kenosha Co. DHS v. Jodi W. 2006 WI 93, reversing summary order Issue/Holding: The circuit court must undertake a colloquy with the parent tracking § 48.422(7); the parent must know the rights being waived; and on a challenge to the plea the parent must make a prima facie showing that the colloquy was defective and… Read more
Brown County v. Shannon R., 2005 WI 160, reversing unpublished opinion Issue: Whether the circuit court erroneously exercised discretion in precluding expert testimony on the issue of whether the TPR respondent is likely to be able to meet the conditions for return of her children. Holding: ¶40 In deciding the issue of foundation, the circuit… Read more
State v. James P., 2005 WI 80, affirming, 2004 WI App 124 Issue: Whether biological father’s parental rights could be terminated on the ground of “abandonment” where he was not adjudicated as father until after alleged periods of abandonment. Holding: ¶15 We hold that an individual who is in fact the biological father of a… Read more
Kimberly S.S. v. Sebastian X.L., 2004 WI App 83 Issue: Whether § 48.415(4) requires proof that an underlying family court order denying physical placement contained the warnings required by § 48.356(2). Holding: ¶7. The plain language of Wis. Stat. § 48.415(4) requires proof that the notices in Wis. Stat. § 48.356(2) were provided only when the underlying… Read more
