Eau Claire County DHS v. S.E., 2021 WI 56, affirming a published court of appeals opinion, 2019AP894, 6/10/21, case activity In a 4-3 decision, SCOW holds that a 2018 amendment to the TPR statute, which imposed a more exacting timeframe for parents to preserve their parental rights, applied to a CHIPS order entered in 2016… Read more
40. TPRs
State v. Tavodess Matthews, 2021 WI 42, reversing a published court of appeals opinion, 2020 WI App 33, 5/14/21, case activity (including briefs) Section 801.58(1) allows a party to a civil case to request a new judge if, among other things, he files a written substitution request before “the hearing of any preliminary contested matter.”… Read more
Sheboygan County DH&HS v. S.K., 2021AP158, District 2, 5/12/21 (one-judge decision; ineligible for publication); case activity Though § 48.424(4) says that if grounds for termination of parental rights are found, “the court shall find the parent unfit,” the circuit court’s failure to utter those words doesn’t make the TPR order invalid. S.K. doesn’t argue the… Read more
State v. V.S., 2021AP136, District 1, 4/6/21 (one-judge decision; ineligible for publication); case activity The record shows the circuit court considered all of the § 48.426(3) factors relevant to determining the best interests of the child and properly applied them to the facts in deciding whether to terminate V.S.’s parental rights to D.D.S. ¶22 … Read more
Jackson County DHS v. M.M.B., 2021AP98 & 2021AP99, District 4, 4/1/21 (one-judge decision; ineligible for publication); case activity M.M.B. stipulated that there were grounds for terminating her parental rights to her two children, but argued at the disposition phase that termination wasn’t in the best interest of the children. At that hearing, the County presented… Read more
State v. A.M.-C., 2021AP94 & 2021AP95, 3/30/21, District 1 (one-judge decision; ineligible for publication); case activity The state petitioned to terminate A.M.-C.’s rights to two of her children on failure-to-assume and continuing-CHIPS grounds. After being told (apparently via interpreter, as Spanish is her first language) that she had to attend all hearings, A.M.-C. moved to… Read more
S.K. v. S.S., 2020AP277, District 3, 2/26/21 (one-judge decision; ineligible for publication); case activity (briefs not made available) S.S. (or “Susan,” to use the court’s pseudonym) isn’t entitled to a new TPR grounds trial based on her trial attorney’s failure to object to the admission of testimony she argues was irrelevant “other-acts” evidence. Even if… Read more
State v. V.R., 2020AP798 & 2020799, 1/26/21, Distrct 1 (1-judge opinion; ineligible for publication); case activity This is an appeal from an order terminating V.R.’s parental rights. The court of appeals rejected a no-merit report because the record revealed that neither defense counsel nor the circuit court had discussed the meaning of a “substantial parental… Read more
