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2009AP2973 Tammy W-G. v. Jacob T.

By: WISCONSIN LAW JOURNAL STAFF//May 17, 2011//

2009AP2973 Tammy W-G. v. Jacob T.

By: WISCONSIN LAW JOURNAL STAFF//May 17, 2011//

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Juveniles
Termination of parental rights

Under sec. 48.415(6), the fact-finder should consider any support or care, or lack thereof, the parent provided the child throughout the child’s entire life.

“The accuracy of this interpretation is supported by para. (b) of Wis. Stat. § 48.415(6). In defining ‘substantial parental relationship,’ para. (b) speaks of ‘significant responsibility for the daily supervision, education, protection and care of the child.’ (Emphasis added.) The words ‘significant’ and ‘daily’ do not indicate that the assumption of parental responsibility is established when the parent has cared for the child for only a short portion of the child’s life.”

“Paragraph (b) goes on to explain that in deciding whether there is a ‘substantial parental relationship,’ the fact-finder may consider, among other things, whether the parent ‘has expressed concern for or interest in the support, care or well-being of the child,’ and whether the parent ‘has neglected or refused to provide care or support for the child.’ Similar to the ‘has not had’ language discussed above, the use of ‘has’ in Wis. Stat. § 48.415(6)(b) demonstrates that the legislature did not intend the fact-finder to consider a specific point in time. Again, the legislature did not say ‘has at one point’ or ‘has for several months.’ Rather, the fact-finder can consider all the facts up until the time of the fact-finding hearing to decide if the parent has engaged in the requisite behavior.”

Affirmed.

2009AP2973 Tammy W-G. v. Jacob T.

Roggensack, J.

Attorneys: For Appellant: Curry, Nathaniel W., Platteville; For Respondent: Hirsch, Eileen A., Madison

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