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E. Procedure

Racine County v. Renee D., 2012AP1974, District 2, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity Wis. Stat. § 48.415(5) is not unconstitutionally vague and does not violate due process As applied to Renee D., the two elements for the “child abuse” ground under § 48.415(5) are: 1) the parent has shown a… Read more

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Racine County v. Latanya D.K., 2013 WI App 28; case activity TPR – Waiver of jury trial need not be part of admission colloquy ¶2        Latanya’s major arguments raise an important question:  Must the court engage in a personal colloquy with a parent regarding his or her waiver of the right to a jury trial before accepting the parent’s… Read more

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TPR – Withdrawal of Admission

Nicole P. v. Michael P., 2012AP780, District 3, 10/16/12 court of appeals decision (1-judge, ineligible for publication); case activity Father’s motion to withdraw admission to grounds (based on asserted lack of understanding that: termination of parental rights required an unfitness determination; sole focus of dispositional hearing would be child’s best interests, with no concern for parent’s… Read more

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TPR – Default Judgment, Grounds

State v. Yvette A., 2012AP548, District 1, 8/14/12 court of appeals decision (1-judge, not for publication); case activity Parent’s failure to appear at grounds phase of TPR trial, because she was locked in a mental health unit, supported default judgment, where parent had documented history of checking herself into hospitals despite actual need for psychiatric… Read more

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TPR – Plea to Grounds

Dane Co. DHS v. Angela M. K., 2012AP579, District 4, 5/24/12 court of appeals decision (1-judge, not for publication); for Angela M.K.: Eileen A. Hirsch, SPD, Madison Appellate; case activity The court rejects Angela’s challenge to her termination-of-rights plea to grounds. She argued she didn’t fully understand the CHIPS element, namely  that “there is a substantial… Read more

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Oneida County Department of Social Services v. Amanda H, 2011AP2600, District 3, 5/15/12 court of appeals decision (1-judge, not for publication); for Amanda H.: Shelley Fite, SPD, Madison Appellate; case activity; companion case: Oneida County Department of Social Services v. Scott H., 2011AP2599 TPR – Severance  On joint trial for termination of parental rights, Scott’s disruptive… Read more

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State v. Laura M., 2011AP2828, District 1, 3/27/12 court of appeals decision(1-judge, not for publication); for Laura M.: Russell D. Bohach; case activity The trial court properly exercised discretion in finding Laura M. in default when she failed to appear for trial on TPR grounds. A father of one of her children, Padrein K., called counsel to report… Read more

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Dane Co. DHS v. Sophia S., 2011AP2639, District 4, 2/23/12 court of appeals decision (1-judge, not for publication); for Sophia S.: Faun M. Moses; case activity Although the parent isn’t required to object to the sufficiency of evidence adduced in support of a default judgment on grounds for termination (the court rejecting the County’s argument on this point)… Read more

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