01-1692 In Re: the Termination of Parental Rights to Prestin T. B. v. Julie B.

By: dmc-admin//July 15, 2002//

By: dmc-admin//July 15, 2002//

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This is because the statutes governing petitions for termination of parental rights require the court, in the exercise of its discretion, to consider the best interests of the child as the prevailing factor in a disposition under Wis. Stat. sec. 48.427.

“Once a basis for termination has been found by the jury and confirmed with a finding of unfitness by the court, the court must move to the second-step, the dispositional hearing, in which the prevailing factor-the polestar-is the best interests of the child.”

Reversed and remanded.

Court of Appeals, Prosser, J.

Attorneys:

For Appellant: Mary T. Wagner, Madison, Robert J. Wells, Madison

For Respondent: Ronald J. Sonderhouse, Brookfield

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