Dane County v. J.B., 2024AP985, 7/25/24, District IV (one-judge decision; ineligible for publication); case activity
Because J.B.’s request that COA reweigh the dispositional factors in her favor is precluded by governing case law, COA affirms.
There really isn’t much to say about this TPR appeal. J.B. lost custody of her child following allegations of neglect and abuse. (¶2). She failed to comply with the CHIPS conditions and, as a result, the State moved to terminate her parental rights. (¶2). Because she failed to appear at a pretrial hearing, the circuit court entered a default judgment as to grounds. (¶4). A robust dispositional hearing, which included J.B.’s testimony, followed. The circuit court then terminated J.B.’s parental rights. (¶12).
On appeal, J.B. concedes that the circuit court “considered the required best interest factors, but argues that the ‘weighing was erroneous.'” (¶17). However, it is black-letter law that “the weighing of the factors is for the circuit court, not [COA].” (Id.). Because the circuit court properly considered the factors and the record supports its discretionary decision, COA affirms. (Id.).
