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1. Best interests of the child

Dane County DHS v. S.C., 2016AP1787, 11/17/16, District 4 (1-judge decision; ineligible for publication); case activity S.C. appeals the termination of her parental rights to her daughter D.C. She pled to a continuing CHIPS ground; she challenges only the circuit court’s discretionary conclusion, at the dispositional phase, that termination was in D.C.’s best interest.As far… Read more

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Dane County DHS v. C.N., 2016AP1472-1473, District 4, 9/29/16 (1-judge opinion, ineligible for publication); case activity C.N. argued that in considering the best of her children the circuit court placed too much weight on her lengthy separation from her children and not enough weight on the progress she had made toward meeting the conditions of… Read more

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State v. J.J., 2016AP194 & 2016AP195, 4/12/2016, District 1 (one-judge decision; ineligible for publication); case activity J.J., the father, appeals the termination of his rights to his two children, J.J. and A.J., challenging not the finding of unfitness but only the court’s determination that termination was in the best interest of each child. Per the… Read more

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Counsel at TPR trial wasn’t ineffective

Barron County DHHS v. J.H., 2015AP1529, District 3, 1/13/16 (one-judge decision; ineligible for publication); case activity J.H.’s claims that her trial counsel was ineffective are rejected because trial counsel’s actions were either not deficient or not prejudicial. The County petitioned to terminate the parental rights of J.H., who is developmentally disabled, on continuing CHIPS grounds… Read more

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No substantive due process violation in TPR

Adams County DHHS v. D.S., 2015AP1937, District 4, 12/10/2015 (one-judge decision; ineligible for publication); case activity D.S. appeals the termination of her parental rights to her daughter, raising a substantive due process challenge to the jury’s finding of unfitness and contending that the circuit court erroneously found termination to be in the child’s best interest. Continuing CHIPS was… Read more

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State v. C.S., 2015AP1345, 10/13/15, District 1 (one-judge opinion, ineligible for publication); case activity The court of appeals here carefully recites, and then affirms, circuit court findings that the termination of C.S.’s parental rights were in the best interests of her child, M.G. Its analysis, however, displays little regard for the standard of review. TPR… Read more

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State v. A.W., 2015AP1480-1481, 10/1/15, District 1 (1-judge opinion, ineligible for publication); case activity Focusing on  §48.426(3)(c), one of the “best interests of the children” criteria, the court of appeals here affirmed the circuit court’s finding that the termination of AW’s parental rights would not significantly harm her children. Evidence that the S.B., the likely… Read more

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State v. Kamille M., 2014AP2911, District 1, 6/26/15 (one-judge decision; ineligible for publication); case activity Trial counsel wasn’t ineffective at Kamille M.’s TPR grounds trial for failing to object to hearsay and to the state’s veiled reference to the best interests of the child during closing arguments. The hearsay was injected during the prosecutor’s questioning… Read more

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