Juveniles – TPR — failure to assume parental responsibility

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Wisconsin Court of Appeals

Civil

Juveniles – TPR — failure to assume parental responsibility

Julie G. appeals an order terminating her parental rights to her daughter, Brooklyn K. A jury found that grounds existed to terminate Julie’s parental rights to Brooklyn based on “continuing need of protection or services” (continuing CHIPS) under Wis. Stat. § 48.415(2), and “failure to assume parental responsibility” under § 48.415(6). Julie raises four main arguments in this appeal: (1) the Portage County Department of Health and Human Services (the Department) failed to prove the continuing CHIPS ground because the Department did not prove that Julie received the warnings required by Wis. Stat. § 48.356; (2) the order terminating Julie’s parental rights “based on continuing CHIPS must be vacated because many of the conditions of return were impossible for Julie to meet” due to her incarceration; (3) the jury’s finding that grounds existed to terminate Julie’s parental rights to Brooklyn based on failure to assume parental responsibility is not supported by substantial evidence; and (4) Julie is entitled to a new trial in the interest of justice because the closing argument made by the Department’s counsel “so confused the issues before the jury that the real controversy was not fully tried.” For the reasons that follow, I reject each of these arguments and affirm the circuit court’s order. This opinion will not be published.

2014AP1057 In re the termination of parental rights to Brooklyn K.

Dist IV, Portage County, Wolf, J., Kloppenburg, J.

Attorneys: For Appellant: Askins, Martha K., Madison; For Respondent: McKenna, Michael J., Stevens Point