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

Defense win! Judge can’t attend TPR dispositional hearing by video over parent’s objection

Adams County  Health and Human Serv. Dep’t. v. D.J.S., 2019AP506, District 4, 6/20/19 (1-judge opinion, ineligible for publication; case activity You don’t see defense wins in TPR appeals very often! In this case, D.J.S., the witnesses, the GAL, and counsel for both parties were at the Adams County Courthouse. For unknown reasons,the judge appeared by […] Source: WI Public Defenders – On Point Defense win! … Continue reading Defense win! Judge can’t attend TPR dispositional hearing by video over parent’s objection

COA clarifies summary judgment procedure and the “continuing denial of visitation” grounds for TPR

Juneau County D.H.S. v. S.G.M., 2019AP553-556, 6/6/19, District 4 (1-judge opinion; ineligible for publication); case activity This appeal presents two issues of TPR law: (1) Whether a county must file an affidavit in support of its summary judgment motion; and (2) Whether Juneau County satisfied the requirement of §48.415(4)(a), which governs the “continuing denial of visitation.” […] Source: WI Public Defenders – On Point COA clarifies … Continue reading COA clarifies summary judgment procedure and the “continuing denial of visitation” grounds for TPR

Harmless error and a “reasonable reading” of the record doomed dad’s appeal from TPR order

Dane County DHS v. T.S., 2019AP415, 5/9/19, District 4 (1-judge opinion, ineligible for publication); case activity At the grounds phase of this TPR case, T.S. challenged the circuit court’s application of  §48.415(2), the CHIPS ground for terminating his parental rights. He also argued that at the disposition phase the circuit court ignored one of the […] Source: WI Public Defenders – On Point Harmless error … Continue reading Harmless error and a “reasonable reading” of the record doomed dad’s appeal from TPR order

Court of Appeals upholds TPR

Rock County DHS v. L.H., 2018AP1308, 10/11/18, District 4 (one-judge decision; ineligible for publication); case activity L.H. challenges the circuit court’s finding that the county department established continuing-CHIPS grounds for termination of her parental rights to her daughter. She says the county can’t have met its burden to show a “substantial likelihood” she wouldn’t meet […] Source: WI Public Defenders – On Point Court of … Continue reading Court of Appeals upholds TPR