Juveniles – TPR — waiver of jury trial

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Wisconsin Court of Appeals

Civil

Juveniles – TPR — waiver of jury trial

Due process does not require that the court engage in a personal colloquy with the parent to confirm the parent’s waiver of the jury trial right on grounds for TPR.

“[N]o provision of the federal or state constitutions nor WIS. STAT. § 48.422 mandates that a parent’s waiver of the right to a jury trial on the grounds must be on the record during a personal colloquy with the judge. While our supreme court has imposed this pinnacle of procedural protection in criminal cases, Anderson, 249 Wis. 2d 586, ¶29, no such obligation has been imposed in TPR cases. See also Brenda B., 331 Wis. 2d 310, ¶¶45, 53 (rejecting arguments that a TPR plea colloquy was deficient because the court did not explain that the right to parent is ‘constitutional’ and because the court failed to inform the parent of every possible disposition under WIS. STAT. § 48.427). We recognize that a personal colloquy concerning waiver of the jury trial right is a good idea in TPR proceedings and will often be a better way of recording a parent’s waiver of the jury trial right. But we decline to impose it as an obligation. The record here shows that Latanya was well informed about her right to a jury trial on the grounds for termination of her parental rights and made an intelligent and voluntary decision to waive it.”

Affirmed.

Recommended for publication in the official reports.

2012AP1121 & 2012AP1122 Racine County Human Services Dep’t. v. Latanya D.K.

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

Attorneys: For Appellant: Findley, Brian C., Darlington; For Respondent: Balter, Corinne L., Racine