Ozaukee County DHS v. J.R. and S.R., 2804-2809, 6/3/15, District 2 (one-judge opinion, ineligible for publication); click here for docket Sec. 48.21(7) allows the circuit court to dismiss or informally dispose of a CHIPS petition, if doing so would be in the best interests of the child and the public. The court of appeals reversed… Read more
1. Best interests of the child
Ch. 48 does not require transfer of child custody to a relative after parental rights are terminated
State v. Jevon S. Appeal Nos. 2014AP1426 & 2014AP1427; State v. Latoya M., Appeal Nos. 2014AP1424 & 2014AP1425, District 1, 9/16/14 (one-judge opinions, ineligible for publication); (case activity for Jevon S.; case activity for Latoya M.) Jevon S. and Latoya M. appealed orders terminating their parental rights. Neither contested the grounds for termination, but at their… Read more
State v. Dwayne F., Jr., 2014AP595, District 1, 6/10/14 (1-judge; ineligible for publication); case activity The trial court properly exercised its discretion in determining that the best interests of Dwayne F.’s daughter would be served by a guardianship with the Child Welfare Bureau for adoption by her foster family, instead of placement with Dwayne F.’s father. Dwayne stipulated to termination… Read more
Jessica G. and Joshua G. v. Alicia L., 2013AP1843, District 2, 11/27/13 (1-judge, ineligible for publication); case activity Issue: Whether Alicia’s L’s consent to the termination of her parental rights was voluntary. ¶6 The circuit court may accept a parent’s voluntary consent to TPR only after questioning the parent and determining that the consent is… Read more
State v. Samantha S., 2013AP1503 & 2013AP1504, District 1, 9/10/13; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP1503; 2013AP1504 During closing arguments at the fact-finding hearing the guardian ad litem referred to Samantha’s failure to keep visitation appointments and said this failure confused the children, who as a consequence were becoming attached to the… Read more
State v. Robert T., 2012AP1110, District 1, 8/28/12 court of appeals decision (1-judge, ineligible for publication); case activity ¶11 Robert argues that because an adoptive resource was not in place for Anthony at the time of the dispositional hearing, the trial court essentially left Anthony without a family and did not make a finding in Anthony’s… Read more
Grant Co. DSS v. Elizabeth M. R., 2012AP1059, District 4, 8/9/12 court of appeals decision (1-judge, ineligible for publication); case activity By failing to consider whether the child had a substantial relationship with the parent, § 48.426(3), the trial court erroneously exercised discretion in concluding that termination of parental rights was in the child’s bests… Read more
State v. Elizabeth M., 2012AP454, District 1, 5/1/12 court of appeals decision (1-judge, not for publication); for Elizabeth M.: Jeffrey W. Jensen; case activity The court rejects Elizabeth M.’s argument that the trial court erroneously exercised discretion in favor of terminating of parental rights: ¶30 Basically, Elizabeth M. argues for a second chance. She testified that she now… Read more
