93-C-0547 Jeanine B. v. McCallum, et al.

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“The Court’s task will be to determine whether the defendants have ‘timely filed a petition to terminate parental rights and begun the required search for an adoptive family, or elected not to file and documented one of the clearly defined exceptions.’ Thus, with respect to the exception in subparagraph (ii), the plaintiffs ‘only seek to enforce their right to have this exception documented in the case plan. The underlying determination as to whether the ‘compelling reasons’ excuse the filing of a petition ‘is appropriately left to the discretion of the State. …’ Similarly, concerning the exception in subparagraph (iii), the plaintiffs do not ask this Court to determine what efforts at reunification of a child with his or her family are ‘reasonable.’ Rather, the Court’s task will be to determine whether ‘reasonable efforts’ are required in the first instance, which is defined in 42 U.S.C. 671(a)(15) … In cases where the State relies upon this exception, the plaintiffs merely seek the right to documentation that the exception does, in fact, apply. Construed in this narrow fashion, subparagraphs (i)-(iii) of subsection (5)(E) do not render the rights conferred by the subsection judicially unmanageable. … Plaintiffs’ motion for leave to file an Amended Supplemental Complaint is granted.”

Eastern District of Wisconsin, Randa, J.