State v. K.K., 2015AP986, 2015AP987, & 2015AP988, District 1, 8/11/15 (one-judge decision; ineligible for publication); case activity K.K. argued that in deciding to terminate her parental rights, the circuit court failed adequately to consider the harm resulting from severing the legal relationship between her and her children given the substantial relationship she had with them… Read more
G. Disposition, Secs. 48.426-427
Caroline P. v. Shawn H., 2014AP2004 & 2014AP2005, District 3, 6/24/15 (one-judge decision; ineligible for publication); case activity Even if the circuit court considered the statutory factors for termination of parental rights under § 48.426, the court lacked an evidentiary foundation in the record to make a determination as to whether termination was in the best… Read more
State v. Jasmine W., 2014AP2960 & 2014AP2961, District 1, 3/18/15 (one-judge decision; ineligible for publication); case activity: 2014AP2960; 2014AP2961 The circuit court applied the proper standard of law to the relevant fact when it declined to place Jasmine’s children with their grandmother, found no substantial relationship between the children and their grandmother, and concluded that it would not cause harm… Read more
State v. Tamara B., 2014AP1714, District 1, 2/10/15 (1-judge decision; ineligible for publication); case activity Tamara requested a new dispositional hearing in the case that terminated her parental rights to her daughter Tamijah, saying there was new evidence that affected the advisability of the termination order. The circuit court properly determined that the evidence she presented wasn’t new. Under § 48.46… 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
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
State v. Shymika S.W., 2013AP2415, District 1, 2/4/14 (1-judge opinion, ineligible for publication), case activity Issue: Whether, in terminating Shymika S.W.’s parental rights to her daughter, the circuit court erroneously exercised its discretion by ignoring § 48.426(3)’s “adoptability factors?” Those factors are found in § 48.426(3)(a) and (f), and they require consideration of the likelihood of the… Read more
Barron County DH&HS v. Tara H., 2013AP2250, District 3, 12/27/13, unpublished; case activity This is Tara H.’s 2nd trip to the court of appeals regarding this TPR. The first time she won a new dispositional hearing. At the start of that 2nd dispositional hearing, Tara’s counsel asked the trial court about the relevant time period… Read more
