COA affirms TPR – parent’s claims fall on credibility grounds

State v. T.L.G., 5018AP1291, 9/4/19, District 1 (one-judge decision; ineligible for publication); case activity T.L.G., who is cognitively limited, appeals the termination of her parental rights to her son. During the proceedings below her lawyer requested a competency evaluation; eventually the court appointed T.L.G. a guardian ad litem. T.L.G. ultimately pleaded no-contest to the asserted […] Source: WI Public Defenders – On Point COA affirms … Continue reading COA affirms TPR – parent’s claims fall on credibility grounds

When parent “admits” grounds TPR, court can find her unfit without taking testimony

Walworth County DHS v. S.S.K., 2019AP782, 7/17/19, District 2 (1-judge opinion, ineligible for publication); case activity During the grounds phase of the Walworth County’s TPR case against S.S.K., she “admitted” the ground of continuing CHIPS; she didn’t plead “no contest.”  This distinction proved decisive to the court of appeals’ decision to affirm the termination of […] Source: WI Public Defenders – On Point When parent … Continue reading When parent “admits” grounds TPR, court can find her unfit without taking testimony

No-contest plea to TPR grounds was valid

State v. T.A.D.S., 2018AP2173, District 1, 6/18/19 (one-judge decision; ineligible for publication); case activity T.A.D.S. pleaded no-contest to the abandonment ground alleged in the petition filed to terminate his parental rights to his daughter, T.S. He argues his plea was invalid because the circuit court’s plea colloquy didn’t correctly explain the statutory standard for the […] Source: WI Public Defenders – On Point No-contest plea … Continue reading No-contest plea to TPR grounds was valid

Plea to TPR petition valid despite prior finding of incompetency

State v. R.D.S., 2017AP1771, District 1, 9/18/18 (one-judge decision; ineligible for publication); case activity R.D.S. moved to withdraw her no-contest plea to a TPR petition, saying her plea was not knowing, intelligent, and voluntary because of the cognitive disabilities for which she was found to be incompetent during the underlying CHIPS proceedings and a criminal […] Source: WI Public Defenders – On Point Plea to … Continue reading Plea to TPR petition valid despite prior finding of incompetency

Denial of evidentiary hearing in remanded TPR wasn’t erroneous

State v. B.D.S., 2017AP1770, District 1, 8/27/18 (one-judge decision; ineligible for publication); case activity B.D.S. filed a motion for postdisposition relief seeking to withdraw his no-contest plea to a TPR petition, alleging there was an issue about his competency to understand the proceedings. (¶9). The court of appeals rejects his claim that the circuit court […] Source: WI Public Defenders – On Point Denial of … Continue reading Denial of evidentiary hearing in remanded TPR wasn’t erroneous