Termination of Parental Rights

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. R.G.

Case No.: 2017AP1078

Officials: BRENNAN, P.J.

Focus: Termination of Parental Rights

This is R.G.’s narrowly focused appeal from a termination of parental rights (TPR) post-disposition hearing at which the circuit court concluded that R.G. had failed to present new evidence that required a new disposition hearing under WIS. STAT. § 48.46. The new evidence that R.G. relied on was that after the disposition hearing, the prospective adoptive parent, D.L., was determined to be no longer suitable to adopt due to allegations of abuse to M.G. and her sibling.3 The post-disposition court rejected R.G.’s argument for a new disposition hearing, concluding that the new evidence—a post-disposition change in placement only—did not meet R.G.’s burden of establishing evidence “affecting the advisability of the court’s original adjudication” pursuant to WIS. STAT. § 48.46(1) and Walworth County Department of Health & Human Services v. Wilvina S., Nos. 2009AP1764, 2009AP1765, 2009AP1766, and 2009AP1767, unpublished slip op. ¶22 (WI App Feb. 24, 2010) (citing Schroud v. Milw. Cty. Dep’t of Pub. Welfare, 53 Wis. 2d 650, 654, 193 N.W.2d 671 (1972)). We agree

The TPR disposition adjudication statute, WIS. STAT. § 48.426(3)(a) requires a court to determine whether a child in a TPR proceeding is adoptable. The circuit court here made that finding and it is supported by the record. And although the evidence at the disposition hearing did demonstrate that D.L., the foster parent at that time, was a “prospective” adoptive resource, the statute does not require, nor did the disposition court order, that a particular person be named as the adoptive parent. In fact, the TPR order specifically states that guardianship and custody are awarded to the Division of Milwaukee Child Protective Services (DMCPS) for securing an adoption. Accordingly, we conclude that the circuit court properly exercised its discretion in denying the new disposition hearing and affirm.

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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.