State v. D.P.V., 2016AP2037, District 1, 2/14/17 (one-judge decision; ineligible for publication); case activity A circuit court does not have the authority to stay an order terminating parental rights. After a jury found grounds to terminate D.P.V.’s parental rights based on continuing CHIPS and failure to assume parental responsibility, the circuit court order his rights to… Read more
E. Procedure
State v. P.T., 2016AP1460, 1/24/17, District 1 (1-judge opinion; ineligible for publication); case activity P.T. challenged a circuit court decision terminating his parental rights to his son on 2 grounds: (1) his stipulation to ground for termination was not knowing, intelligent and voluntary under Bangert, and (2) the postdisposition court should not have reviewed the… Read more
State v. L. H.-H., 2016AP917, 1/18/17, District 1 (1-judge decision; ineligible for publication); case activity L.H.H. seeks to withdraw his plea to the single T.P.R. ground of failure to assume parental responsibility. He contends he did not understand that a plea would result in a finding that he was an unfit parent; the court of… Read more
Jefferson County DHS v. C.C., 2016AP1983, District 4, 12/21/16 (one-judge decision; ineligible for publication); case activity The circuit court properly granted summary judgment on the petition terminating C.C.’s parental rights despite C.C.’s claims that the circuit court violated the mandatory notice provision under § 802.08(2) and that a genuine issue of material fact exists on the… Read more
State v. A.W., 2016AP121 through 125, 12/8/16, District 1 (1-judge opinion; ineligible for publication); case activity When A.W. did not appear for her pretrial and was not reachable by phone, the court entered a default finding as to grounds for a TPR. She moved to vacate that finding, but then withdrew her motion. On appeal… Read more
Portage County DHHS v. D.B., 2016AP1233 & 1234, 11/17/16, District 4 (1-judge decision; ineligible for publication); case activity D.B. raises challenges to both the disposition and grounds phases of the hearing that resulted in the termination of her rights to her two children. The court of appeals rejects both. D.B.’s first complaint is that the… Read more
State v. J.B., 2016AP483, 484 & 485, 10/4/2016, District 1 (1-judge decision; ineligible for publication); case activity 2013 Wis. Act 337 created Wis. Stat. § 48.23(2)(b)3., which permits a TPR court in some circumstances to find that a parent who has defaulted as to grounds by failing to appear has also waived his or her right… Read more
R.J.M. v. M.R.H., 2016AP1307, 9/22/2016, District 4 (1-judge decision, ineligible for publication); case activity M.R.H. appeals the termination of his parental rights to his son, arguing that the jury during the grounds phase should not have heard (1) that he had previously been willing to voluntarily terminate his rights or (2) that his son wanted… Read more
