01-0025, 01-0026 In Re the Termination of Parental Rights to Melanie R.L., Brandon C.M.: State v. Rhea F.

By: dmc-admin//July 2, 2001//

Listen to this article

Rhea F. contends that there was a failure of proof that she was denied physical placement or visitation by reason of a court order containing notice of the conditions of return. We agree and reverse the orders terminating Rhea’s parental rights to her children. We reach this conclusion because the warning to a parent that his or her parental rights are in jeopardy must contain notice of substantive conditions addressing the conduct or home environment that contributed to the out-of-home placement of the children. Since the warnings to Rhea did not include substantive conditions, they did not comply with the requirements of Wis. Stat. sec. 48.356(2); consequently, no evidence was presented that Rhea received a warning in compliance with the statute. This opinion will not be published.

Dist II, Racine County, Marik, J., Anderson, J.

Attorneys:

For Appellant: Margaret A. Maroney, Madison

For Respondent: Randall Schneider, Racine; W. Richard Chiapete, Racine

Select Region or Brand

Upcoming Event