Juvenile – TPR — appropriate factors

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Wisconsin Court of Appeals

Civil

Juvenile – TPR — appropriate factors

Shymika S. W. appeals the circuit court order terminating her parental rights to LaMayra, who was born in July of 2008. Shymika S. W.’s focus is on the circuit court’s reasons; she does not dispute the fact predicates to the circuit court’s consideration of whether termination of her parental rights to LaMayra was in the child’s best interests. See Wis. Stat. § 48.01(1) (“[T]he best interests of the child or unborn child shall always be of paramount consideration.”); § 48.426(2) (“The best interests of the child shall be the prevailing factor considered by the court in determining the disposition of all proceedings under this subchapter.”). Rather, she contends that the circuit court erroneously exercised its discretion in evaluating two of the factors that the legislature says circuit courts should consider if appropriate.

Inasmuch as neither party disputes the facts underlying the circuit court’s explanation as to why it determined that Shymika S. W.’s parental rights to LaMayra should be terminated, Shymika S. W. has a very high hurdle to clear. See Darryl T.-H. v. Margaret H., 2000 WI 42, ¶27, 234 Wis. 2d 606, 620, 610 N.W.2d 475, 481 (“The ultimate determination of whether to terminate parental rights is discretionary with the circuit court.”); State v. Cesar G., 2004 WI 61, ¶42, 272 Wis. 2d 22, 41, 682 N.W.2d 1, 10 (A circuit court acts within its discretion if it “‘examined the relevant facts, applied a proper standard of law, and, using a demonstrated rational process, reached a conclusion that a reasonable judge could reach.’”) (quoted source omitted). Shymika S. W. has not cleared that hurdle. Accordingly, we affirm. This opinion will not be published.

2013AP2415 In re the termination of parental rights to LaMayra C.

Dist I, Milwaukee County, Colon, J., Fine, J.

Attorneys: For Appellant: Earle, Jane S., Shorewood; For Respondent: Heinitz, Renee J., Wauwatosa