Termination of Parental Rights

The October oral argument calendar lists a measly two cases, both of which will be argued on October 9. That’s eight fewer cases than the court heard last October. In this month’s column, take a look at the sole civil case on the court’s October calendar and take a peek at a case recently granted for review.
Cases Decided
No decisions were issued in the last month.
Up for Review
Andrade v. City of Milwaukee Board of Fire and
Continue Reading Wisconsin Supreme Court Update: October 2023

Columbia County DHS v. K.D.K., 2022AP1835, 5/25/23, District 4 (1-judge opinion, ineligible for publication); case activity

K.D.K. challenged an order terminating his parental rights to C.A.K. on 3 grounds: (1) the judge was not properly assigned to preside over his case; (2) the circuit court refused to give a special verdict question asking whether it had been impossible for K.D.K. to meet the conditions for return set forth in the CHIPS dispositional; and (3) trial counsel was ineffective
Continue Reading Termination of parental rights affirmed despite some missteps

The primary goal of Wis. Stat. chapter 48 is to protect children and to preserve families, whenever appropriate. When this cannot be done, “instability and impermanence in family relationships are contrary to the welfare of children and … [there is] importance of eliminating the need for children to wait unreasonable periods of time for their parents to correct the conditions that prevent their safe return to the family.“1

As practitioners, one simple way we can ensure children achieve
Continue Reading No Contest Pleas to Grounds in TPR Cases: A Practical Guide

State v. A.H., 2022AP1454, 12/6/22, District 1, (1-judge opinion; ineligible for publication); case activity

The sole issue in this TPR appeal is whether the circuit court failed to consider the “best interests” of D.H.’s daughter. D.H. noted that the circuit court’s oral decision “wholly omits consideration of and reference to the best interest factor.” Opinion, ¶13. That argument failed because the circuit court is not required to “utter any magic words” when performing its “best interests” analysis. Opinion,
Continue Reading Court Needn’t Reference Statute when Ruling on “best interest of the child” Factors