2010AP2792 In re the termination of parental rights to Aaliyah W.

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Juveniles
TPR; due process

Abigail W. appeals the order terminating her parental rights to Aaliyah. Abigail raises a substantive due process challenge to Wis. Stat. § 48.415(2) (2007-08). She claims the statute is unconstitutional as applied to her because one of the conditions for the return of her child in the underlying CHIPS order was impossible for her to meet. Additionally, she contends the trial court erroneously exercised its discretion in finding that the termination of Abigail’s rights was in Aaliyah’s best interest. Because the condition of the return of Aaliyah to Abigail that read “show that you can care for and supervise your child properly and that you understand [her] special needs” was narrowly tailored to meet the compelling State interest in protecting Aaliyah’s safety, and was not an impossible condition, and because ample evidence supports the trial court’s discretionary decision that it was in Aaliyah’s best interest to terminate Abigail’s parental rights, this court affirms. This opinion will not be published.

2010AP2792 In re the termination of parental rights to Aaliyah W.

Dist I, Milwaukee County, Foley, J., Curley, P.J.

Attorneys: For Appellant: Jensen, Jeffrey W., Milwaukee; For Respondent: Sweeney, Sarah A., Wauwatosa

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