Pro se appeal from termination of parental rights fails

State v. A.M., 2019AP475-476, District 1, 1/3/20, (1-judge opinion, ineligible for publication); case activity This is A.M.’s pro se appeal from an order terminating her parental rights to her two children. The briefs are confidential, and the court of appeals states that it had difficulty discerning her arguments.  She appears to have argued that she […] Source: WI Public Defenders – On Point Pro se … Continue reading Pro se appeal from termination of parental rights fails

Trial court needn’t find “bests interest of the child” when disposing of TPR case

State v. E.F., 2019AP1559-1561, 11/12/19, District 1, (1-judge opinion, ineligible for publication); case activity The trial court never uttered the words “best interest of the child” at the dispositional phase of this TPR case. No matter, says the court of appeals, “magical” or “talismanic” words aren’t necessary. The trial court’s decision was “infused with articulated […] Source: WI Public Defenders – On Point Trial court … Continue reading Trial court needn’t find “bests interest of the child” when disposing of TPR case

Counsel wasn’t ineffective for failing to call mom’s psychiatrist at TPR trial

State v. A.C.M., 2018AP2423-2424, 11/12/19, District 1 (1-judge opinion, ineligible for publication); case activity A.C.M.’s trial lawyer did not call her psychiatrist to testify about her mental health or her medication compliance–evidence that was important to the issue of whether she posed a safety risk to her children. The court of appeals held that even […] Source: WI Public Defenders – On Point Counsel wasn’t … Continue reading Counsel wasn’t ineffective for failing to call mom’s psychiatrist at TPR trial

Family court order denying placement didn’t need to advise parent of conditions for return

G.K. v. S.C., 2019AP1645, 2019AP1646, & 2019AP1647, District 4, 11/7/19 (one-judge decision; ineligible for publication); case activity S.C.’s parental rights to her three children were terminated due to continued denial of periods of physical placement under § 48.415(4) based on a family court order that denied her periods of physical placement. She argued the family […] Source: WI Public Defenders – On Point Family court … Continue reading Family court order denying placement didn’t need to advise parent of conditions for return

Default judgment in TPR affirmed

State v. C.M., 2019AP1483, District 1, 11/5/19 (one-judge decision; ineligible for publication); case activity The circuit court didn’t err in entering a default judgment against C.M. in her termination of parental rights proceeding.  C.M. failed to appear in person at the initial appearance, so the court called her on the phone, told her to talk […] Source: WI Public Defenders – On Point Default judgment … Continue reading Default judgment in TPR affirmed

Merging change of placement hearing into jury trial on grounds for TPR is okay

State v. T.S.W., 2019AP450-451, District 1, 10/22/19 (1-judge opinion, ineligible for publication); case activity The trial court failed to hold a hearing on T.S.W.’s motion for change of physical placement of her child, J.C., before the jury trial on the grounds phase of her TPR. She argued that this violated her right to due process because […] Source: WI Public Defenders – On Point Merging change … Continue reading Merging change of placement hearing into jury trial on grounds for TPR is okay

Termination of parental rights affirmed despite missing findings on best interests of the child

Dane County v. T.R., 2019AP1336-1338, 10/10/19, District 4 (1-judge opinion, ineligible for publication); case activity This is a confidential case, so we don’t know what the briefs argue or the record shows. However, it seems the circuit court failed to make the findings essential to its order terminating T.R.’s parental rights to her 3 children, […] Source: WI Public Defenders – On Point Termination of … Continue reading Termination of parental rights affirmed despite missing findings on best interests of the child

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

County did not commit prosecutorial misconduct during TPR trial

Outagamie County v. J.M.J., 2019AP183, 6/27/19, District 3 (1-judge opinion, ineligible for publication); case activity The parties to this TPR case agreed that they would not bring up J.M.J.’s lack of rights, or the termination of rights, to her other children. But during the trial on grounds, an expert, responding to questions from the County, […] Source: WI Public Defenders – On Point County did … Continue reading County did not commit prosecutorial misconduct during TPR trial