Juveniles – TPR — conditions of return

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Wisconsin Court of Appeals

Civil

Juveniles – TPR — conditions of return

Ebony D. appeals the November 20, 2012 orders terminating her parental rights to her three children: Ka’Dejah P., Reniece D., and Maurice D. She alleges that the grounds statute, Wis. Stat. § 48.415(2), continuing need for protection and services, as applied to her, violated her substantive due process rights under the Fourteenth Amendment to the United States Constitution because she was unable to meet the conditions of return due to her cognitive limitations. We disagree and affirm. The record shows that Ebony D. was able to independently care for her children for eight years prior to their detention, and that it was her poor choices, not her cognitive limitations, that prevented Ebony D. from meeting the continuing-CHIPS order’s conditions for return. This opinion will not be published.

2013AP619, 2013AP620, 2013AP621 In re the termination of parental rights to Ka’Dejah P., et al.

Dist I, Milwaukee County, DiMotto, J., Brennan, J.

Attorneys: For Appellant: Zaleski, Steven, Madison; For Respondent: Havas, Michelle Ackerman, Milwaukee