01-2034 In Re the Termination of Parental Rights to Samuel J.R., Alexander J.R., Cabbet J.R. and Jeremy T.R.: Calumet County Health & Social Services v. Michael J.R.

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This is a termination of parental rights case. Michael J.R., whose rights to his four natural children were terminated, raises three arguments, each of which we reject. His claim that Wis. Stat. sec. 48.415(4) is unconstitutional as a violation of substantive due process is waived. His argument that the trial court erred by not making its egregiousness determination in accordance with a recent decision by this court, State v. Kelly S., 2001 WI App 193, ___ Wis.2d ___, 634 N.W.2d 120, is disallowed for three reasons: the trial court did not have the benefit of Kelly S. when it made the decision, the Kelly S. issue was never raised before the trial court and Kelly S. will be applied prospectively by this court.

We therefore uphold the egregiousness finding as is. Finally, we agree with his assertion that Wis. Stat. sec. 48.427(1) mandates trial courts to enter any dispositional order within ten days after the taking of any evidence relating to the disposition or lose competency to enter such an order; however, the issue fails because he has not shown prejudice.

This opinion will not be published.

Dist II, Calumet County, Willis, J., Brown, J.

Attorneys:

For Appellant: Timothy A. Provis, Madison

For Respondent: Kenneth R. Kratz, Chilton