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3. Continuing CHIPS 39. TPRs 45. WI Court of Appeals C. Unpublished Opinions D. Grounds, Sec. 48.415

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

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3. Continuing CHIPS 39. TPRs 45. WI Court of Appeals 6. No parental responsibility C. Unpublished Opinions D. Grounds, Sec. 48.415 E. Procedure Uncategorized

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

Categories
1. Admission to grounds 3. Continuing CHIPS 39. TPRs 45. WI Court of Appeals C. Unpublished Opinions D. Grounds, Sec. 48.415 E. Procedure

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 TPR – parent’s claims fall on credibility grounds

Categories
1. Admission to grounds 3. Continuing CHIPS 39. TPRs 45. WI Court of Appeals C. Unpublished Opinions D. Grounds, Sec. 48.415 E. Procedure G. Disposition, Secs. 48.426-427

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

Categories
1. Meaningful participation 11. Defense Wins 13. Due Process 3. Continuing CHIPS 39. TPRs a. Webcam B. Constitutional rights b. Telephonic appearance D. Grounds, Sec. 48.415 H. Presence of litigant Harmless error I. Appeal Important Posts

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

Categories
10. Summary judgment 3. Continuing CHIPS 39. TPRs 45. WI Court of Appeals C. Unpublished Opinions D. Grounds, Sec. 48.415 E. Procedure Uncategorized

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

Categories
1. Best interests of the child 3. Continuing CHIPS 39. TPRs 45. WI Court of Appeals C. Unpublished Opinions D. Grounds, Sec. 48.415 F. Fact-finding, Sec. 48.424 Harmless error I. Appeal

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

Categories
39. TPRs 45. WI Court of Appeals 5. Directed verdict on element 6. No parental responsibility C. Unpublished Opinions D. Grounds, Sec. 48.415 E. Procedure

If 2 guys have sex with a woman who becomes pregnant, both better assume parental responsibility

E.M.K. v. Z.T.R., 2018AP1896, District 2, 5/1/19 (1-judge opinion, ineligible for publication); case activity That’s the upshot of this court of appeals decision. Before terminating a biological father’s parental rights, there must be a finding that he “failed to assume parental responsibility” under §48.415(6). But what if there is a dispute about whether he is actually […]
Source: WI Public Defenders – On Point
If 2 guys have sex with a woman who becomes pregnant, both better assume parental responsibility

Categories
1. Abandonment 10. Summary judgment 11. Defense Wins 39. TPRs 45. WI Court of Appeals B. Published opinions D. Grounds, Sec. 48.415 E. Procedure Important Posts Published 2019

Partial defense win! Challenges to sec. 48.415(1)(a)’s pleading requirements fail, but summary judgment reversed

Brown County Human Services v. B.P and T.F. 2018AP1259, 2018AP1278, 3/1/19, recommended for publication; case activity T.F. argued that when the Department seeks to terminate parental rights on the grounds of abandonment in a case where the child is out of the home and a CHIPS order is in place, it must proceed under §48.415(1)(a)2., rather than […]
Source: WI Public Defenders – On Point
Partial defense win! Challenges to sec. 48.415(1)(a)’s pleading requirements fail, but summary judgment reversed