State v. Tamara B., 2014AP1714, District 1, 2/10/15 (1-judge decision; ineligible for publication); case activity Tamara requested a new dispositional hearing in the case that terminated her parental rights to her daughter Tamijah, saying there was new evidence that affected the advisability of the termination order. The circuit court properly determined that the evidence she presented wasn’t new. Under § 48.46… Read more
E. Procedure
St. Croix County DHHS v. Michael D. & Juanita A., 2014AP2431, District 3, 1/16/15 (1-judge decision; ineligible for publication), petition for review granted 4/16/15, reversed, 2016 WI 35; case activity The court of appeals holds that the notice requirements of §§ 48.415(2)(a)1. and 48.356(2) were not satisfied because the last order concerning out-of-home placement of Juanita’s child did not… Read more
Winnebago County DHS v. Ashley A.O., 2014AP2404, 12/23/14, District 2 (1-judge opinion, ineligible for publication); case activity A circuit court may not enter a summary judgment finding a parent unfit during the grounds phases of a TPR proceeding when that finding is based on an order denying the parent physical placement due to his (or her) incarceration. Alandria’s father was convicted… Read more
State v. Samantha J., 2014AP988, 2014AP989, 2014AP1017, District 1, 9/17/14 (1-judge opinion, ineligible for publication); case activity This case is noteworthy in 2 respects. First, the court of appeals upheld a default judgment as to grounds for terminating a mother’s parental rights–always a significant step, given the stakes. And, second, the court of appeals complimented a… Read more
Sheboygan County DHHS v. Phillip L., 2014AP780, District 2, 9/10/14 (1-judge; ineligible for publication); case activity When Phillip entered his no-contest plea at the fact-finding stage of his termination of parental rights (TPR) proceeding, the circuit court didn’t take sworn testimony to support the TPR petition, as required by § 48.422(3). Because Phillip doesn’t allege the error resulted in any… Read more
Green County DHS v. Barret W.S., 2014AP1155, District 4, 8/14/14 (1-judge; ineligible for publication); case activity The circuit court didn’t err by allowing a child’s guardians to participate as a party in a proceeding to terminate the father’s rights to the child because, while ch. 48 does not expressly state that guardians are “parties” in a termination proceeding, pertinent… Read more
Portage County DHHS v. Julie G., 2014AP1057, District 4, 7/31/14 (1-judge; ineligible for publication); case activity The record shows Julie received the warnings required under § 48.356 even though the relevant notice form did not have her signature. In addition, Julie’s substantive due process rights were not violated because the conditions for return of her… Read more
Manitowoc County Human Services Dep’t v. Ralph B., 2014AP140, District 2, 7/30/14 (not recommended for publication); case activity The court of appeals affirmed the circuit court’s decision to terminate Ralph B.’s parental rights because Manitowoc County met its burden of proving a failure to assume parental responsibility and because trial counsel had sound strategic reasons… Read more
