State v. K.A.B., 2020AP962, 9/1/20, District 1 (one-judge decision; ineligible for publication); case activity K.A.B. appeals the termination of her parental rights to her daughter, L.B. L.B. had been with a foster family since birth, and the court found that both the continuing CHIPS and failure to assume grounds were proved. On disposition, the court… Read more
40. TPRs
State v. D.S., 2019AP2230 through 2019AP2233, District 1, 8/25/30 (one-judge decision; ineligible for publication); case activity D.S. challenges the orders terminating her parental rights to her children on the ground, first because her lawyer was unable to appear and represent her at a pretrial hearing because his law license was temporarily suspended, second because trial… Read more
State v. L.C., 2020AP796, District 1, 7/28/20 (one-judge decision; ineligible for publication); case activity Whether to grant a default judgment in a TPR proceeding as a sanction for a parent’s egregious conduct is left to the circuit court’s discretion, and the circuit court properly exercised its discretion in defaulting L.C. After L.C. missed two depositions… Read more
Racine County HSD v. S.M.F., 2019AP2346 & 2019AP2347, District 2, 7/15/20 (one-judge decision; ineligible for publication); case activity S.M.F.’s challenges the order terminating her parental rights, alleging trial counsel was ineffective and that the circuit court should have granted her mistrial motion. The court of appeals affirms. The TPR petition alleged, and the jury found… Read more
Waukesha County HHS v. S.S., 2020AP592, District 2, 6/10/20 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion in ordering default judgment for S.S.’s egregious conduct of lying to the court to get her TPR trial adjourned. ¶13 As entry of a default judgment is a particularly harsh sanction… Read more
Juneau County DHS v. C.C., 2020AP438, 6/4/20, District 4, (1-judge opinion, ineligible for publication); case activity Courts don’t usually award summary judgment in TPR cases, especially not at the grounds phase where the question is whether the parent abandoned the child. The issue is generally too fact intensive. But here the circuit court found no… Read more
State v. J.W., 2020AP161, 5/12/20, District 1 (1-judge opinion, ineligible for publication); case activity At the grounds phase of his TPR proceeding J.W. stipulated to the “failure to assume parental responsibility” reason for terminating his parental rights. On appeal he argued that at the trial court erroneously determined that he was unlikely to meet the… Read more
Eau Claire County DHS v. S.E., 2020 WI App 39, petition to review granted, 10/21/20, affirmed, 2021 WI 56; case activity Following up on the decision issued in Dane County DHS v. J.R., 2020 WI App 5, the court of appeals rejects some additional challenges to the changes 2017 Wis. Act 256 made to the… Read more
