State v. Kenneth E., 2010AP1520, District 1, 12/7/10 court of appeals decision (1-judge, not for publication); for Kenneth E.: Mary D. Scholle, SPD, Milwaukee Appellate (The Court’s Case Access site has posted Kenneth E.’s principal and reply briefs. This is atypical; the court’s normal practice is not to post briefs, because of the confidentiality that… Read more
1. Admission to grounds
court of appeals decision, affirmed 2011 WI 6; for Brenda: Leonard D. Kachinsky TPR – Plea to Grounds In taking a plea to TPR grounds, the court need not inform the parent of “sub-dispositions,” i.e., those which “pertain only to the effect on the child, addressing who will have guardianship and custody in the event… Read more
court of appeals decision (1-judge; not for publication) TPR Plea to grounds upheld, in light of trial court credibility determinations at post-termination evidentiary hearing, against claim Benny didn’t understand State’s burden of proof, 2-stage nature of TPR, or finding of unfitness as necessary consequence of plea… Read more
court of appeals decision (1-judge, not for publication); for James M.: Shelley Fite, SPD, Madison Appellate TPR – Voluntariness of Plea ¶24 Because Wisconsin statutory law does not permit a court to terminate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
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
