Juveniles
TPR; constitutionality

Otis G. appeals from an order granting the State's motion for partial summary judgment as to the grounds phase pursuant to Wis. Stat. §§ 802.08, and 48.415(9) (2005-06), in a termination of parental rights action, which sought to terminate his parental rights to Davonta S. Otis claims that Wis. Stat. § 48.415(9) is unconstitutional because: (1) it creates an irrebuttable presumption of unfitness, which denies him due process of law; and (2) it is unjustifiably not gender neutral, which denies him the equal protection of the law. Otis also claims that a finding of unfitness based solely on a violation of Wis. Stat. § 948.02(2) constitutes cruel and unusual punishment. We agree with the trial court that Wis. Stat. § 48.415(9) is narrowly tailored to meet the State's compelling interest in protecting children from their unfit parents; the statute is not facially discriminatory; and a finding of unfitness pursuant to Wis. Stat. § 948.02(2) does not constitute cruel and unusual punishment. Accordingly, this court affirms. This opinion will not be published.

2008AP196 In re the termination of parental rights to Davonta S.

Dist I, Milwaukee County, Pocan, J., Wedemeyer, J.

Attorneys: For Appellant: Moon, Laurence M., Whitefish Bay; For Respondent: Means, Steven P., Madison; Dee, T. C., Milwaukee

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