By: WISCONSIN LAW JOURNAL STAFF//October 7, 2010//
By: WISCONSIN LAW JOURNAL STAFF//October 7, 2010//
Juveniles
TPR; telephonic appearances
Stacy K.S. appeals from an order terminating her parental rights to her son, Shaw S. Stacy argues that the circuit court improperly accepted her admission by telephone, instead of in person before the court, to grounds for termination of her parental rights reflected in a filed petition. She claims that her personal presence was required by Wis. Stat. § 48.422(7)(a), which requires the court to “[a]ddress the parties present” as part of the admission process, and also that her appearance by telephone was not permitted under Wis. Stat. § 807.13, which generally governs appearances by telephone or videoconference. ¶2 Because a parent entering an admission to grounds for termination is not required by the plain language of Wis. Stat. § 48.422(7)(a) to be personally present before the court, we conclude that the circuit court did not violate § 48.422(7)(a) in accepting Stacy’s admission by telephone. We also conclude that the circuit court’s decision to allow the parties to stipulate to Stacy’s appearance by telephone was consistent with Wis. Stat. § 807.13(2)(b) because this was an evidentiary hearing under Chapter 48. Accordingly, we affirm. This opinion will not be published.
2010AP1678 In re the termination of parental rights to Shaw S.
Dist IV, Grant County, Van De Hey, J., Blanchard, J.
Attorneys: For Appellant: Hintze, Donna L., Madison; For Respondent: Riniker, Lisa A., Lancaster