Sheboygan County DH&HS v. A.W., Sr., 2024AP907, District II, 10/30/24 (one-judge decision; ineligible for publication); case activity The COA rejects A.W., Sr.’s claims that the circuit court failed to take testimony to support the finding of unfitness when he pled no contest to grounds, and that the court’s decision to terminate his parental rights at… Read more
F. Fact-finding, Sec. 48.424
State v. T.H.-M., 2024AP1271-1273, District I, 10/29/24 (one-judge decision; ineligible for publication); case activity In another dense and fact-specific opinion, COA holds that the evidence was sufficient to support a finding that the parent was unfit and rejects T.H.-M.’s argument that the circuit court improperly weighed the evidence at disposition. “Tiffany” appeals the verdict after… Read more
Waukesha County Dept. of Health & Human Services v. M.M.M., 2024AP1622, 10/30/24, District II (one-judge decision; ineligible for publication); case activity In a straightforward case addressing sufficiency of the evidence, the COA affirmed the circuit court’s order to terminate M.M.M’s (referred to as Mary) parental rights. The Court found that the evidence was sufficient to… Read more
A.K.B. v. J.J.G., 2024AP1116, 10/9/24, District II (one-judge decision; ineligible for publication); case activity “Jay” appeals from orders terminating his parental rights and denying his postdisposition motion, arguing the circuit court erroneously exercised its discretion when it terminated his parental rights under the voluntary termination statute, Wis. Stat. § 48.41, rather than applying the hearing… Read more
COA: Circuit court exercised discretion at disposition despite not explicitly considering one factor
State v. S.O., 2024AP1350, 10/8/24, District I (one-judge decision; ineligible for publication); case activity S.O. (“Sarah”) challenges the order terminating her parental rights to her son, “Daniel,” arguing that the circuit court erroneously exercised its discretion at disposition when it failed to explicitly consider Daniel’s wishes. Daniel was removed from his parents’ care shortly after… Read more
State v. R.A.M., 2024 WI 26, 6/25/24, affirming an unpublished court of appeals decision; case activity (including briefs) In a 5-2 defense win, SCOW concludes that a statute requiring the circuit court to wait two days before proceeding to disposition after finding a parent in default means what it says. There is no dispute about… Read more
State v. E.S., 2024AP395 & 396, 5/21/24, District I (one-judge decision; ineligible for publication); case activity E.S. (“Emily”) challenges the sufficiency of the evidence supporting the circuit court’s finding that her children did not have a substantial relationship with her and that they were too young to express their wishes. The court of appeals affirms… Read more
State v. H.C., 2023AP1950, 3/5/24, District I (one-judge decision; ineligible for publication); petition for review granted 9/11/24 case activity In an interesting decision that seems almost guaranteed to invite review by SCOW, COA departs from the plain language of the statute and reads a burden of proof requirement into the TPR dispositional procedure. Before we get… Read more
