State v. Jodie A., 2015AP46 & 2015AP47, District 1, 7/7/15 (one-judge decision; ineligible for publication); case activity The trial court that accepted Jodie A.’s admission as to grounds to terminate her parental rights failed to comply with two of the requirements for accepting an admission set forth in § 48.422(7)—namely, the court didn’t inquire about adoptive resources and didn’t require… Read more
1. Admission to grounds
Sheboygan County DHHS v. Phillip L., 2014AP780, District 2, 9/10/14 (1-judge; ineligible for publication); case activity When Phillip entered his no-contest plea at the fact-finding stage of his termination of parental rights (TPR) proceeding, the circuit court didn’t take sworn testimony to support the TPR petition, as required by § 48.422(3). Because Phillip doesn’t allege the error resulted in any… Read more
Green County DHS v. Ericka L.R., 2014AP1106, District 4, 7/17/14 (1-judge; ineligible for publication); case activity Assuming the “fair and just reason” standard for plea withdrawal before sentencing also applies to motions to withdraw consent to TPR before disposition, Ericka failed to establish a fair and just reason for withdrawing her voluntary consent to termination… Read more
State v. Connie P., 2013AP2854, District 1, July 1, 2014 (1-judge; ineligible for publication); case activity Connie’s no-contest plea at the grounds phase of her TPR proceeding was knowing and voluntary despite her post-termination assertion that she was unduly influenced by the trial court’s comments before the scheduled trial and by the decision of her child’s father, Ray… Read more
Racine County v. Kimberly M.K. and Jessie R.R., 2012AP1346, District 2, 2/21/13; court of appeals decision (1-judge, ineligible for publication); case activity TPR – injunction terminating visitation during proceedings An injunction prohibiting visitation is authorized in involuntary TPR proceedings if the prohibition is in the best interests of the child. Wis. Stat. § 48.42(1m)(c). Section 48.42 does… Read more
Racine County v. Latanya D.K., 2013 WI App 28; case activity TPR – Waiver of jury trial need not be part of admission colloquy ¶2 Latanya’s major arguments raise an important question: Must the court engage in a personal colloquy with a parent regarding his or her waiver of the right to a jury trial before accepting the parent’s… Read more
Nicole P. v. Michael P., 2012AP780, District 3, 10/16/12 court of appeals decision (1-judge, ineligible for publication); case activity Father’s motion to withdraw admission to grounds (based on asserted lack of understanding that: termination of parental rights required an unfitness determination; sole focus of dispositional hearing would be child’s best interests, with no concern for parent’s… Read more
Dane Co. DHS v. Angela M. K., 2012AP579, District 4, 5/24/12 court of appeals decision (1-judge, not for publication); for Angela M.K.: Eileen A. Hirsch, SPD, Madison Appellate; case activity The court rejects Angela’s challenge to her termination-of-rights plea to grounds. She argued she didn’t fully understand the CHIPS element, namely that “there is a substantial… Read more
