Juveniles – TPR — defective colloquy

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Wisconsin Court of Appeals

Civil

Juveniles – TPR — defective colloquy

The Racine County Human Services Department (HSD) filed a petition to terminate the parental rights (TPR) of Roseannah M.H. on the grounds that her daughter was in continuing need of protection or services and that Roseannah had failed to assume parental responsibility. Roseannah admitted that her daughter was in continuing need of protection or services and the circuit court terminated her parental rights. Five months later, Roseannah filed a motion to withdraw her admission, alleging that the circuit court’s colloquy was defective. The circuit court found that the colloquy was defective and granted Roseannah’s motion. We granted HSD’s interlocutory appeal. The issue on appeal is whether Roseannah’s admission was entered knowingly, voluntarily, and intelligently. We defer to the circuit court’s credibility determinations that Roseannah may not have been aware that her parental rights could be terminated after she admitted to the allegations in the TPR petition. The order of the circuit court is affirmed. This opinion will not be published.

2011AP1776 In re the termination of parental rights to Talia I.H.

Dist II, Racine County, Kreul, J., Reilly, J.

Attorneys: For Appellant: Balter, Corinne L., Racine; For Respondent: Flanagan, Patrick, Milwaukee