Juveniles – TPR — abandonment

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Wisconsin Court of Appeals

Civil

Juveniles – TPR — abandonment

The Dane County Department of Human Services appeals the circuit court order dismissing its petition to terminate John L.-B.’s parental rights to T.J. The dismissal followed a fact-finding hearing in which the jury found for John L.-B. and against the Department on the Department’s two alleged grounds to terminate John L.-B.’s parental rights: failure to assume parental responsibility and six-month abandonment.

This appeal addresses three Department arguments. First, the Department argues that the circuit court should have directed a verdict, and changed the jury’s “no” answer to “yes,” on a special verdict question asking whether John L.-B. knew or had reason to believe he was T.J.’s father. Second, the Department argues that the court erred in failing to instruct the jury that “lack of opportunity or ability … is not a defense to failure to assume parental responsibility.” Third, the Department argues that the court erred in denying the Department’s request to amend its petition allegations to change the six-month abandonment period to end four months later than initially alleged. For the reasons explained below, I reject the Department’s arguments and therefore affirm the court’s order. This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.

2013AP462 In re the termination of parental rights to T.J.

Dist IV, Dane County, Smith, J., Blanchard, J.

Attorneys: For Appellant: Rehfeldt, Gary, Madison; For Respondent: Lubarsky, John D., Madison; Schmaal, William E., Madison