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2010AP2351 In re the termination of parental rights to Kody O.

By: WISCONSIN LAW JOURNAL STAFF//December 21, 2010//

2010AP2351 In re the termination of parental rights to Kody O.

By: WISCONSIN LAW JOURNAL STAFF//December 21, 2010//

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Juveniles
TPR; notice

Lorie O. appeals a partial summary judgment finding her unfit, and an order terminating her parental rights to Kody O. The circuit court found Lorie unfit under Wis. Stat. § 48.415(4) based on a continuing denial of visitation. Lorie primarily argues § 48.415(4) is unconstitutional as applied to her because the CHIPS order prohibiting visitation or contact was based solely on her unavailability to Kody due to incarceration. We do not decide the constitutional issue. Rather, we conclude the circuit court improperly granted partial summary judgment under § 48.415(4) because there was no order containing the required notice of Wis. Stat. § 48.356 conditions for Lorie to re-establish contact with Kody. On remand, we direct the circuit court to enter summary judgment in Lorie’s favor, dismissing the § 48.415(4) ground for termination. This opinion will not be published.

2010AP2351 In re the termination of parental rights to Kody O.

Dist III, Marathon County, Falstad, J., Hoover, P.J.

Attorneys: For Appellant: Kachinsky, Leonard D., Appleton; For Respondent: Corbett, Scott M., Wausau

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