Kenosha County DC&FS v. A.G.O., 2023AP1305, 1307 & 1308, 5/8/24, District II (one-judge decision; ineligible for publication); case activity In yet another TPR case involving allegations of ineffective assistance, COA affirms based on hard-to-overcome legal standards. “Adam” appeals TPR judgments involving three of his children. (¶1). He raises two issues: Summary Judgment In the run-up… Read more
10. Summary judgment
Brown County Health and Human Services v. R.U., 2024AP45-6 4/16/24, District IV (one-judge decision; ineligible for publication); case activity In yet another fact-dependent TPR appeal, COA affirms given well-settled (and difficult to overcome) legal standards. Summary Judgment “Ralph” appeals the circuit court’s order granting summary judgment as to grounds with respect to § 48.415(4) (continuing… Read more
Jackson County Department of Human Services v. I.J.R.,, 2023AP1495-6 4/11/24, District IV (one-judge decision; ineligible for publication); case activity In yet another beefy TPR appeal presenting multiple issues, COA rejects all of I.J.R.’s arguments and affirms. Right to Appear In-Person at Summary Judgment Hearing Here, the petitioner moved for partial summary judgment as to grounds… Read more
Dane County Department of Human Services v. J.K., 2023AP1946-47, 3/28/24, District IV (one-judge decision; ineligible for publication); case activity In a TPR appeal presenting multiple issues, COA rejects all of J.K.’s arguments and affirms. Ineffective Assistance of Counsel In this case, the petitioner moved for summary judgment with respect to grounds, “arguing that there was… Read more
Sheboygan County DH & HS v. A.P., 2023AP1382, 2/7/24, District 2 (one-judge decision; ineligible for publication); case activity Faced with the department’s motion for summary judgment on grounds of abandonment, counsel for A.P filed a brief in opposition and attached two exhibits, but failed to file any affidavits. Postdisposition and on appeal, A.P. argues that… Read more
K.W. & D.W. v. S.L., 2023AP1582, 2/13/24, District 3 (one-judge decision, ineligible for publication); case activity The summary judgment issue here turned on one simple question: did a genuine issue of fact exist as to whether S.L. (“Susan”) knew or could have reasonably discovered the whereabouts of her son (Alex) during the relevant period of… Read more
Jackson County DHS v. R.H.H., 2023AP1229-1232, 11/16/23, District IV (one-judge decision, ineligible for publication); case activity In Kenosha Cnty. DHHS v. Jodie W., 2006 WI 93, ¶56, 293 Wis. 2d 530, 716 N.W.2d 845, the court overturned a TPR order premised on a parent’s failure to meet “an impossible condition of return, without consideration of… Read more
D.T.S. v. B.E.C., 2023AP1081, 10/5/23, District 4 (one-judge decision; ineligible for publication); case activity B.E.C. is A.R.G.’s birth mother. D.T.S. is A.R.G.’s father. D.T.S. had sole physical custody after her mother left A.R.G. in his care when A.R.G. was two. Later, D.T.S. remarried and moved for termination of B.E.C.’s rights to A.R.G., alleging, as relevant… Read more
