Termination of Parental Rights

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WI Supreme Court

Case Name: St. Croix County Department of Health and Human Services v. Michael D. et al

Case No.: 2014AP2431

Focus: Termination of Parental Rights

Notice received by appellants satisfied statutory notice requirement.

“Accordingly, we clarify Steven H., leaving intact its analysis and discussion; however, the conflicting sentence in paragraph 3 is withdrawn3 and we clarify that the last sentence in paragraph 31 shall not be construed to create a last order, six-months rule. The language in the last sentence in paragraph 31 is limited to the facts of Steven H. where only the last order contained the written notice and the child had been out of the home for six months or longer.4 The plain language of § 48.415(2) does not require that the written notice must be in the last order or that six months must pass after the last order before the petition to terminate parental rights may be filed. Accordingly, we reverse the court of appeals’ decision5 and affirm the circuit court’s order6 terminating Juanita’s parental rights to Matthew.”

Reversed

Petition to Terminate Parental Rights Affirmed

Concurring: ROGGENSACK, BRADLEY R. , PROSSER,

Dissenting: ABRAHAMSON, BRADLEY A.W.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.