By: dmc-admin//August 30, 2010//
By: dmc-admin//August 30, 2010//
Juveniles
TPR; due process
Michelle P. and Rickey B., Sr. appeal from orders terminating parental rights to their children, Ricky B., Jr. and Taylor B. Michelle's appeal basically boils down to the following argument made by her: Wisconsin Stat. § 48.415(2) allows parental rights to be terminated if the parent has failed to meet several conditions of return of the children. Michelle claims that, along the way, her visitation privileges with the children were taken away by the Waukesha County Department of Health & Human Services, that the Department had no authority to suspend visitation without approval of the court-something the Department did not obtain, and that the Department's unlawful action prejudiced her ability to improve as a parent such that the children would no longer be in need of protection or services. She argues that she was denied constitutional due process in this way. The trial court agreed with Michelle that the suspension was unlawful but found that it did not amount to a due process violation because the error was harmless. We agree that Michelle was not prejudiced and affirm her termination. We also reject Rickey's arguments. This opinion will not be published.
2009AP1087, 2009AP1088 In re the termination of parental rights to Rickey B.
Dist II, Waukesha County, Haughney, J., Brown, C.J.
Attorneys: For Appellant: Hirsch, Eileen A., Madison; Earle, Jane S., Shorewood; For Respondent: Haines, Kimberly K., Delafield