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
F. Fact-finding, Sec. 48.424
A.N. v. F.S., 2015AP1405 & 2015AP1406, District 3, 10/2/15 (one-judge decision; ineligible for publication); case activity A circuit court handling a TPR case is not required to make an explicit finding that a parent is unfit before proceeding to the dispositional phase because a finding of unfitness automatically follows from a finding there are grounds to… Read more
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
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
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
State v. Faizel K., 2014AP2035 & 2014AP2036, District 1, 12/2/14 (1-judge decision; ineligible for publication); case activity: 2014AP2035; 2014AP2036 In this fact-intensive decision, the court of appeals holds there was sufficient evidence to support the orders terminating Faizel’s parental rights to his sons Mohammed K. and Robeul K. The TPR petitions alleged three grounds for termination: continuing… Read more
On review of an unpublished, one-judge court of appeals decision; case activity Issues (composed by On Point): Whether the trial court was clearly wrong in finding that Cecil had not failed to assume parental responsibility for his infant son? Whether a parent’s expression of interest in his child equates to having a “substantial relationship” with… Read more
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
