Brown County v. J.J., 2021AP1079, District 3, 3/7/23 (one-judge decision; ineligible for publication); case activity Before an Indian child subject to a CHIPS proceeding is placed out of the home of his or her parent or Indian guardian, § 48.028(4)(d)2. and the federal Indian Child Welfare Act (ICWA) both require, among other things, proof by… Read more
Search: summary judgment
Kenosha County v. A.C.S., 2022AP1821-1825, 2/15/23, District 2 (one judge decision; ineligible for publication); case activity Here’s a fact pattern one hopes doesn’t come up too often. The county sought the termination of “Anna’s” parental rights to five children. It then moved for summary judgment on the grounds that she’d been convicted of a serious… Read more
Portage County DH & HS v. C.Z & S.Z., 2022AP1249-1252; 11/3/2022, District 4 (one-judge decision; ineligible for publication); case activity C.Z. appeals the termination of his parental rights to his four children. The court of appeals affirms. The opinion is a long one, but much of it is dedicated to explaining things like the court’s… Read more
Brown County v. J.V., 2022AP532, 7/28/22, District 3 (1-judge opinion, ineligible for publication); case activity In a modified CHIPS dispositional order, the circuit court stated that it was suspending Jennifer’s visitation rights to her son, subject to her completing certain conditions. The court did not orally warn her that her parental rights could be terminated… Read more
State v. M.S.H., 2022AP369, 6/1/2022, District 1 (one-judge decision; ineligible for publication); case activity The circuit court found M.S.H. to be an unfit parent on summary judgment. Turning to the dispositional phase, the court granted the state’s request to conceal from M.S.H. the identity of the person who the state considered likely to adopt her… Read more
State v. S.L.W., 2021AP1736 & 1737, 6/1/22, District 1 (one-judge decision; ineligible for publication); case activity S.LW. appeals the termination of parental rights to her children. She argues her attorney failed to inform the jury of court-ordered services the Milwaukee County child-services agency didn’t provide. The court of appeals holds that if counsel performed deficiently… Read more
Portage County v. K.K., 2021AP1315, 2/10/22, District 4, (1-judge opinion, ineligible for publication); case activity This opinion has alarming implications for disabled people. The circuit court issued a summary judgment order continuing K.K.’s protective placement. She appealed and argued that summary judgment is not allowed in Chapter 55 cases. The court of appeals refused to… Read more
C.W. v. M.M., 2021AP330 & 2021AP331, District 3, 7/21/21 (one-judge decision; ineligible for publication); case activity M.M.’s consent to voluntary termination of parental rights was valid and can’t be withdrawn. C.W. filed a TPR petition alleging various grounds. The circuit court granted summary judgment on abandonment grounds and found M.M. unfit as a parent. At… Read more