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E. Procedure

TPR affirmed against welter of challenges

Pierce County v. C.S., 2015AP1463 & 2015AP1464, District 3, 2/26/16 (one-judge decision; ineligible for publication); case activity C.S. challenges the orders terminating her parental rights to her sons, D. S. and K. S., based on their continuing need for protection or services. She raises multiple, fact-specific claims of ineffective assistance of trial counsel and circuit court… Read more

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Bid to reopen default TPR judgment fails

Adoptions of Wisconsin, Inc. v. J.S., 2015AP1403, District 3, 1/29/16 (one-judge decision; ineligible for publication); case activity The circuit court entered a default judgment terminating J.S.’s parental rights after he failed to appear at the hearing scheduled on the petition, and the court of appeals holds J.S. isn’t entitled to reopen that judgment. J.S. moved to… Read more

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Counsel at TPR trial wasn’t ineffective

Barron County DHHS v. J.H., 2015AP1529, District 3, 1/13/16 (one-judge decision; ineligible for publication); case activity J.H.’s claims that her trial counsel was ineffective are rejected because trial counsel’s actions were either not deficient or not prejudicial. The County petitioned to terminate the parental rights of J.H., who is developmentally disabled, on continuing CHIPS grounds… Read more

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N.A.H. v. J.R.D., 2015AP1726, 2015AP1727, and 2015AP1728, District 4, 10/29/15 (one-judge decision; ineligible for publication); case activity (first case number) The petition to terminate J.R.D.s parental rights set forth sufficient facts to support the allegation that J.R.D. had failed to assume parental responsibility. N.A.H. filed a petition seeking to terminate the parental rights of J.R.D., the father of her… Read more

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State v. K.G., 2015AP245, District 1, 10/27/15 (one-judge decision; ineligible for publication); case activity K.G.’s stipulation to the failure-to-assume-parental-responsibility ground alleged in the TPR petition was valid even though K.G.’s later statements during the disposition hearing suggest he misunderstood what the state would have to prove to establish that ground for termination. Before accepting K.G.’s… Read more

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Sauk County DHS v. A.C., 2015AP898 & 2015AP899, District 4, 10/22/15 (one-judge decision; ineligible for publication); case activity A.C.’s trial lawyer was not ineffective for failing to take steps to exclude evidence about the termination of A.C.’s rights to a child in a prior case and about her parenting conduct toward that child and another child. A.C… Read more

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X.J. v. G.G., 2015AP1549, District 3, 10/21/15 (one-judge decision; ineligible for publication); case activity Under § 48.42(1), an adoptive parent may join the biological parent in a petition to terminate the parental rights of the other biological parent, and because joining the petition makes the adoptive parent a party, the adoptive parent is not subject to… Read more

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La Crosse County HSD v. C.J.T., 2015AP252, District 4, 10/16/15 (one-judge decision; ineligible for publication); case activity The fact that the County’s attorney handling this TPR proceeding retained the GAL in the case to represent the her in an unrelated personal injury matter didn’t create a conflict of interest that required a new trial. The GAL had… Read more

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