By: WISCONSIN LAW JOURNAL STAFF//August 15, 2012//
By: WISCONSIN LAW JOURNAL STAFF//August 15, 2012//
Wisconsin Court of Appeals
Civil
Juveniles – TPR — failure to assume parental responsibility
Monique B. appeals from an order terminating her parental rights to her daughter, Quianna P. The order followed a jury’s finding that grounds for termination existed based on Monique’s failure to assume parental responsibility and on Quianna’s continuing status as a child in need of protection or services (CHIPS).
Monique argues that the Ozaukee County Human Services Department (the County) did not prove that she failed to assume parental responsibility because the evidence at the fact-finding hearing was insufficient to prove she never had a substantial parental relationship with Quianna. Monique further argues that the continuing CHIPS ground for termination cannot stand because the only CHIPS order containing written notice regarding potential termination of her parental rights (TPR) to Quianna was presented to Monique just one month before the filing of the TPR petition when current law required it to be presented at least six months before the filing of the petition.
Monique also contends her trial counsel was ineffective for failing to seek summary judgment on the continuing CHIPS ground, failing to object to various “errors and omissions” in the jury instructions, and failing to object to the trial court permitting an individual not selected for the jury to remain in the courtroom during the fact-finding hearing. For the reasons set forth below, we affirm. This opinion will not be published.
2012AP632 In re the termination of parental rights to Quianna P.
Dist II, Ozaukee County, Williams, J., Gundrum, J.
Attorneys: For Appellant: Hintze, Donna L., Madison; Hagopian, Suzanne L., Madison; For Respondent: Kenealy, Dennis E., Port Washington