court of appeals decision (1-judge; not for publication) TPR Plea to grounds upheld, in light of trial court credibility determinations at post-termination evidentiary hearing, against claim Benny didn’t understand State’s burden of proof, 2-stage nature of TPR, or finding of unfitness as necessary consequence of plea… Read more
E. Procedure
court of appeals decision (1-judge, not for publication); for James M.: Shelley Fite, SPD, Madison Appellate TPR – Voluntariness of Plea ¶24 Because Wisconsin statutory law does not permit a court to terminate parental rights upon a finding of unfitness without completing the dispositional phase, we see no rationale for requiring a court to inform a… Read more
court of appeals decision (1-judge; not for publication) TPR – Closing Argument County’s closing argument exhorting jury to consider that gal “represents the child and what’s best for the child” merely described “how the parties and their attorneys were aligned,” not that jury “should consider the ‘best interest’ of the child.” TPR – Evidence Evidence… Read more
court of appeals decision (1-judge; not for publication); Lora B. Cerone, SPD, Madison Appellate TPR – Stipulation, Grounds Signed stipulation to grounds, which effectively withdrew jury demand, upheld where trial court addressed parent in court and on record, and she “acknowledged her understanding clearly, repeatedly, and without equivocation.” TPR – New Evidence Postdisposition change in… Read more
court of appeals decision (1-judge; ineligible for publication) TPR – Uniform Child Custody Jurisdiction and Enforcement Act “Wis. Stat. § 822.23 does not require a court to dismiss a custody action as soon as it discovers that another state had entered a custody order for the child when the action was commenced in this state. It… Read more
Walworth Co. DHHS v. Andrea L.O., 2008 WI 46, on Certification TPR – Elements, Ground of Continuing Need of Protection and Services, Generally Issue/Holding: ¶6 There are four elements to this ground for termination. First, the child must have been placed out of the home for a cumulative total of more than six months pursuant to… Read more
Walworth Co. DHHS v. Andrea L.O., 2008 WI 46, on Certification Issue/Holding: Stipulation to a TPR elements did not constitute withdrawal of the demand for a jury trial, where the element was submitted to, and found by, the jury under the instructions and special verdict form, ¶¶18-24. The court approvingly analogizes to State v. Charles… Read more
Oneida Co. DSS v. Therese S., 2008 WI App 159 Grounds Issue/Holding: Informing the parent of potential “dispositions in a general sense” is not enough to satisfy § 48.422(7)(a): ¶16 Thus, at the very least, a court must inform the parent that at the second step of the process, the court will hear evidence related to… Read more
