State v. D.T., 2022AP909, 8/23/22, District 1 (oen-judge decision; ineligible for publication); case activity D.T. showed up late for his Zoom TPR trial. It had been set for 9:00; D.T. appeared at 11:00 and said he was having eye trouble that kept him from logging in. The circuit court defaulted him and declined to vacate… Read more
D. Grounds, Sec. 48.415
M.K.S. v. R.J.F., 2021AP1839, 8/16/22, District 1 (no recommended for publication); case activity Here is a result we don’t often see: a successful ineffective assistance of counsel claim in a TPR case. A jury found grounds to terminate “Richard’s” parental rights. Allegedly, he had failed to assume parental responsibility for his daughter, “Morgan.” On appeal… Read more
State v. S.S.M., 2022AP524 & 2022AP525, District 1, 8/2/22 (one-judge decision; ineligible for publication); case activity Under § 48.415(intro.), termination of parental rights to children subject to the Indian Child Welfare Act (ICWA) requires, in addition to proof of one or more grounds for termination under subs. (1) to (10), proof of “active efforts,” as… Read more
Chippewa County Dep’t of Health and Human Servs. v. J.W.., 2021AP1986, 7/19/22, District 3, (1-judge opinion, ineligible for publication); case activity “Janine” raised an insufficient evidence claim and several ineffective assistance of counsel claims in her appeal from an order terminating her parental right to her son. This post focuses on two of the IAC… Read more
State v. A.T., 2022AP544, 6/28/22, District 1, (1-judge opinion, ineligible for publication); case activity Guys, if you have unprotected sex, call or text your partner after. And “Wisconsin law does not require courts to consider race or culture when determining whether to terminate parental rights.” Opinion, ¶29. Those are the two main takeaways from this… Read more
State v. S.L.W., 2021AP1736 & 1737, 6/1/22, District 1 (one-judge decision; ineligible for publication); case activity S.LW. appeals the termination of parental rights to her children. She argues her attorney failed to inform the jury of court-ordered services the Milwaukee County child-services agency didn’t provide. The court of appeals holds that if counsel performed deficiently… Read more
Sheboygan County DHHS v. A.L.A., Sr., 2022AP267, District 2, 5/18/22 (one-judge decision; ineligible for publication); case activity The circuit court didn’t err in granting the County’s motion for summary judgment on the grounds alleged in the TPR petition because A.L.A. raised no genuine issues of material fact in response to the motion. The TPR petition alleged… Read more
Sheboygan County DH&HS v. E.C., 2021AP1655, 4/20/22, District 2; (1-judge opinion, ineligible for publication); case activity While “Nina” was married to “John,” she became pregnant with “Eric’s” baby. A court found the baby to be a “child in need of protective services” and gave the standard TPR warning to Nina, but not to Eric. Afterward… Read more
