Juveniles
TPR; ineffective assistance

Rick D.R. appeals from an order terminating his parental rights to his daughter, Lailah E., on grounds of abandonment under Wis. Stat. § 48.415(1)(a)3.[2] and failure to assume parental responsibility under § 48.415(6).[3] Rick argues that he was denied his right to effective assistance of counsel at trial because his attorney (1) prepared a defense to the abandonment count for the wrong six-month period, and therefore failed to present evidence that Rick did have contact with Lailah during the alleged period of abandonment; and (2) failed to present evidence that showed Rick had assumed parental responsibility, including evidence of Rick's relationship with Lailah during the alleged period of abandonment. Rick also argues that the trial court issued erroneous jury instructions, that the doctrines of equitable estoppel and laches bar the petition to terminate his parental rights, and that he is entitled to a new trial in the interest of justice. We conclude that Rick was denied his right to effective assistance of counsel, and therefore reverse. Not recommended for publication in the official reports.

2007AP2618 In re the termination of parental rights to Lailah E.

Dist IV, Monroe County, Abbott, J., Dykman, J.

Attorneys: For Appellant: Schmieder, Theresa J., Green Bay; For Respondent: Tripp, Tyler J., Sparta

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