01-0842 In Re the Termination of Parental Rights of Nathaniel K.: La Crosse County Department of Human Services v. Shannon K.

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Shannon K. appeals the trial court’s order terminating her parental rights to her son, Nathaniel, after a jury found grounds for termination. Shannon contends she was denied her right to meaningfully participate in the trial because her mental illness interfered with her ability to testify and consult with her attorney about the case. This right, she contends, is guaranteed to her by the due process clause of the federal and state constitutions and means that her parental rights may not be terminated as long as she is not able to meaningfully participate in the proceedings. Because she did not raise this contention in the trial court, Shannon requests that we remand to the trial court for an evidentiary hearing on whether her mental illness interfered with her ability to meaningful participate in the trial. We analyze this argument in the context of a claim for ineffective assistance of counsel. We conclude the due process clause does not require that a parent’s parental rights may not be terminated as long as mental illness prevents the parent from meaningful participation in the proceedings. We therefore decide that her trial counsel was not ineffective for not raising this issue in the trial court and Shannon is not entitled to a remand.

Shannon also contends the trial court lost competence to proceed because it did not comply with the time restrictions for holding the depositional hearing in violation of Wis. Stat. sec. 48.424(4) (1999-2000). We conclude it did comply. Accordingly, we affirm. This opinion will not be published.

Dist IV, La Crosse County, Mulroy, J., Vergeront, J.

Attorneys:

For Appellant: Charles B. Vetzner, Madison

For Respondent: Megan L. DeVore, La Crosse