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01-1438-NM, 01-1439-NM In Re the Termination of Parental Rights to Maryah Monika M., Dante Jovan M.: Brown County Department of Health and Human Services, et al. v. Antonio M., et al.

By: dmc-admin//September 17, 2001//

01-1438-NM, 01-1439-NM In Re the Termination of Parental Rights to Maryah Monika M., Dante Jovan M.: Brown County Department of Health and Human Services, et al. v. Antonio M., et al.

By: dmc-admin//September 17, 2001//

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Tisa C. appeals orders terminating her parental rights to her two children and orders denying her post-termination motions. Tisa challenges the sufficiency of the evidence supporting the jury’s finding beyond a reasonable doubt of the likelihood of serious emotional or physical damage to her children if they were in her care, as required by the Indian Child Welfare Act, 25 U.S.C. sec. 1912(f). She further argues that because she gave birth to her children, she has a substantial parental relationship with them as a matter of law, within the meaning of Wis. Stat. sec. 48.415(6). Therefore, she contends, she cannot be found to have failed to assume parental responsibilities. This court rejects Tisa’s arguments.

In a consolidated case, Antonio M. appeals the orders terminating his parental rights. His counsel filed a no merit report, and Antonio has responded. We conclude that the record, together with the report and Antonio’s response, do not reveal any issue of arguable merit.

This court affirms the orders terminating Tisa’s and Antonio’s rights to both children.

This opinion will not be published.

Dist III, Brown County, Dietz, J., Hoover, P.J.

Attorneys:

For Appellant: Leonard D. Kachinsky, Neenah; Antonio Malone, Oshkosh

For Respondent: Thomas J. Walsh, De Pere; Patricia H. Brzezinski, Oneida

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