Sheboygan County DH & HS v. A.P., 2023AP1382, 2/7/24, District 2 (one-judge decision; ineligible for publication); case activity Faced with the department’s motion for summary judgment on grounds of abandonment, counsel for A.P filed a brief in opposition and attached two exhibits, but failed to file any affidavits. Postdisposition and on appeal, A.P. argues that… Read more
40. TPRs
State v. H.C., 2023AP1950, 3/5/24, District I (one-judge decision; ineligible for publication); petition for review granted 9/11/24 case activity In an interesting decision that seems almost guaranteed to invite review by SCOW, COA departs from the plain language of the statute and reads a burden of proof requirement into the TPR dispositional procedure. Before we get… Read more
State v. I.A.A., 2023AP1723-24, 2/28/24, District 2 (one-judge decision; ineligible for publication); case activity Long story short, the court of appeals affirms the orders terminating I.A.A.’s (“Ivy’s”) parental rights despite the circuit court’s admitted failure to comply with Wis. Stat. § 48.422(3)’s mandate to take testimony related to grounds at Ivy’s no contest plea hearing… Read more
State v. S.N., 2023AP2366-67, 2/27/24, District I (one-judge decision; ineligible for publication); case activity “Sally’s” challenge to the court’s discretionary termination order fails, as the circuit court’s order was supported by evidence in the record. “Sally” attacks the circuit court’s discretionary order terminating her parental rights by first focusing on the court’s consideration of her… Read more
State v. M.M., 2023AP2093-2100, 2/22/24, District 1 (one-judge decision; ineligible for publication); case activity Challenges to circuit court disposition orders are almost never successful. This case is no exception. M.M. (“Melissa”) argued that the circuit court erroneously exercised its discretion when it determined that terminating her parental rights to her eight children was in the… Read more
Kenosha County DC&FS v. R.M.F., 2023AP2156-157, 2/21/24, District II (one-judge decision; ineligible for publication); case activity Given the difficult standard for proving judicial bias, COA concludes that R.M.F. has failed to show that the court’s remarks to jurors are a basis for reversing this TPR. “Richard” exercised his right to a jury trial in this… Read more
Columbia County DH&HS v. S.A.J., 2023AP1884, 2/15/24, District IV (one-judge decision; ineligible for publication); case activity In a lengthy opinion notable for its treatise-like treatment of the issues, COA rejects S.A.J.’s challenges to her TPR order. This case stems from a TPR petition filed in 2020. (¶4). Counsel was appointed to represent S.A.J. and a… Read more
K.W. & D.W. v. S.L., 2023AP1582, 2/13/24, District 3 (one-judge decision, ineligible for publication); case activity The summary judgment issue here turned on one simple question: did a genuine issue of fact exist as to whether S.L. (“Susan”) knew or could have reasonably discovered the whereabouts of her son (Alex) during the relevant period of… Read more
