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39. TPRs 4. Default judgment 45. WI Court of Appeals C. Unpublished Opinions E. Procedure

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 in TPR affirmed

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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 No parental responsibility C. Unpublished Opinions D. Grounds, Sec. 48.415 E. Procedure Uncategorized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

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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 WI Court of Appeals C. Unpublished Opinions D. Grounds, Sec. 48.415 E. Procedure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

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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 WI Court of Appeals C. Unpublished Opinions D. Grounds, Sec. 48.415 E. Procedure G. Disposition, Secs. 48.426-427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

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1. Admission to grounds 39. TPRs 45. WI Court of Appeals C. Unpublished Opinions E. Procedure

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 to TPR grounds was valid

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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
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

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10. Summary judgment 39. TPRs 45. WI Court of Appeals C. Unpublished Opinions E. Procedure

TPR court erred in granting partial summary judgment at grounds phase

Brown County DHHS v. L.F.H., Sr., 2019AP145, District 3, 4/23/19 (one-judge decision; ineligible for publication); case activity The County filed a petition to terminate L.F.H.’s parental rights based on a continuing denial of his periods of physical placement or visitation with his son, Leon (a pseudonym). The circuit court granted the County’s motion for summary […]
Source: WI Public Defenders – On Point
TPR court erred in granting partial summary judgment at grounds phase

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11. Uniform Child Custody Jurisdiction Act 39. TPRs 45. WI Court of Appeals C. Unpublished Opinions E. Procedure

TPR court had insufficient information to conclude it had jurisdiction

J.P. v. A.P., 2018AP1775 through 2018AP1778, District 4, 4/18/19 (one-judge decision; ineligible for publication); case activity In this unusual case, the court of appeals agrees with a parent in a TPR proceeding that the circuit court may not have subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act because of an order issued […]
Source: WI Public Defenders – On Point
TPR court had insufficient information to conclude it had jurisdiction

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