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
E. Procedure
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
State v. D.B., 2016AP440-441; 8/30/16, District 1 (1-judge opinion, ineligible for publication); case activity D.B. contends that his no contest plea as to the grounds for TPR was not knowing and intelligent because he did not understand the direct consequences of it–that is, that the court could order termination at the end of the disposition… Read more
State v. D.L., 2016AP735 & 2016AP736, District 1, 8/18/16 (one-judge decision; ineligible for publication); case activity The trial court didn’t err in admitting multiple hearsay statements made by D.L.’s children about her treatment of them or in admitting expert testimony about whether D.L. had a “strong bond” or “positive and healthy relationships” with her children… Read more
State v. A.L., 2015AP858 through 2015AP861, District 1, 8/5/16 (one-judge decision; ineligible for publication); case activity A.L. challenges her admissions that there were grounds to terminate her parental rights to her four children. The court of appeals holds her admissions were knowing and voluntary. The court also holds that calling A.L. as a witness at… Read more
State v. V.A., 2015AP1614, 7/19/16, District 1 (1-judge opinion; ineligible for publication); case activity V.A. presented many issues on appeal, and the court rejected all of them. The most interesting ones concern collateral attacks on CHIPS orders, competency, and whether Wisconsin’s “failure to assume parental responsibility” statute is unconstitutional as applied to V.A. Collateral attack… Read more
State v. K.M., 2016AP421, 5/17/2016, District 1 (one-judge decision, ineligible for publication); case activity The court of appeals rejects a mother’s two challenges to the termination of her parental rights. The TPR petition alleged continuing CHIPS as the unfitness ground. (¶3). The mother’s first claim is that some of the conditions of return in the CHIPS… Read more
St. Croix County Department of Health and Human Services v. Michael D. & Juanita A., 2016 WI 35, 05/12/2016, reversing an unpublished court of appeals decision; case activity Waukesha County v. Steven H., 2000 WI 28, 233 Wis. 2d 344, 607 N.W.2d 607, finds itself roundly praised and deeply buried by our high court. There are… Read more
