court of appeals decision (1-judge, not for publication); for James M.: Shelley Fite, SPD, Madison Appellate TPR – Voluntariness of Plea ¶24 Because Wisconsin statutory law does not permit a court to terminate parental rights upon a finding of unfitness without completing the dispositional phase, we see no rationale for requiring a court to inform a… Read more
1. Admission to grounds
Walworth Co. DHHS v. Andrea L.O., 2008 WI 46, on Certification TPR – Elements, Ground of Continuing Need of Protection and Services, Generally Issue/Holding: ¶6 There are four elements to this ground for termination. First, the child must have been placed out of the home for a cumulative total of more than six months pursuant to… Read more
Walworth Co. DHHS v. Andrea L.O., 2008 WI 46, on Certification Issue/Holding: Stipulation to a TPR elements did not constitute withdrawal of the demand for a jury trial, where the element was submitted to, and found by, the jury under the instructions and special verdict form, ¶¶18-24. The court approvingly analogizes to State v. Charles… Read more
Oneida Co. DSS v. Therese S., 2008 WI App 159 Grounds Issue/Holding: Informing the parent of potential “dispositions in a general sense” is not enough to satisfy § 48.422(7)(a): ¶16 Thus, at the very least, a court must inform the parent that at the second step of the process, the court will hear evidence related to… 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
