Juveniles — TPR — default judgments — constitutionality

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Wisconsin Court of Appeals

Civil

Juveniles — TPR — default judgments — constitutionality

Larry D., who was incarcerated in a Minnesota correctional facility at the time of this action, did not appear at the initial appearance in the termination of parental rights proceedings for his two children. The trial court held a hearing and ordered termination in his absence. Posttermination counsel attempted to have the matter reopened on the grounds that Larry wanted to contest the matter, sought out counsel and told opposing counsel that he did not want to proceed without counsel, but was not savvy enough to know that he had to initially appear even if he was not yet represented. The trial court denied the motion. The trial court said it all when it characterized the events leading up to Larry’s failure to appear as “an instance of the perfect storm.” Defaults in civil cases are viewed with disfavor. This should be more so when it concerns the termination of parental rights. The facts specific to this case lead this court to hold that Larry is entitled to his day in court because he did not “blow” the matter off. He made an effort, but in the trial court’s words, just “did not follow through” as he should have. For similar reasons, we also conclude that Wis. Stat. § 808.04(7m), which would normally bar our jurisdiction over this case because Larry filed his notice of intent to pursue postdisposition relief nine days late, is unconstitutional as applied to Larry. We reverse and remand with directions. This opinion will not be published.

2011AP925, 2011AP926 In re the termination of parental rights to Jordan P.B., et al.

Dist II, Sheboygan County, Van Akkeren, J., Brown, C.J.

Attorneys: For Appellant: Hagopian, Suzanne L., Madison; For Respondent: Leppanen, Douglas L., Sheboygan