01-1723 In Re the Termination of Parental Rights to Quianna M.M.: La Crosse County Department of Human Services v. Stacey A.M.

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This is an appeal from an order terminating Stacey A.M.’s parental rights to Quianna M.M. The issue is one of statutory interpretation: whether Wis. Stat. sec. 48.415(9) (1999-2000), which establishes “Parenthood as a result of sexual assault” as a ground for involuntary termination of parental rights, applies to a mother whose child was conceived as a result of intercourse with a person who has not attained the age of 16 years, an act criminalized by Wis. Stat. sec. 948.02(2).

We conclude that Wis. Stat. sec. 48.415(9) is ambiguous as to the extent of its applicability.

After examining the statute and its legislative history, we hold that sec. 48.415(9) was intended to be used to terminate the parental rights of fathers whose sexual assault results in the birth of a child but not the parental rights of a mother of a child who is either the victim or the perpetrator of a sexual assault.

Not recommended for publication in the official reports.

Dist IV, La Crosse County, Perlich, J., Dykman, J.

Attorneys:

For Appellant: Thomas M. Olson, La Crosse

For Respondent: Megan L. DeVore, La Crosse