Juveniles – TPR — constitutionality

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Wisconsin Court of Appeals

Civil

Juveniles – TPR — constitutionality

Renee D. appeals from the involuntary termination of her parental rights (TPR) to her son Malachi. Renee argues that the statute subsection allowing involuntary TPR based on child abuse, Wis. Stat. § 48.415(5), is unconstitutionally vague both on its face and as applied to her, and that it violates due process by creating an irrebuttable presumption that she will abuse one child based on her history of abuse of another. Renee also argues that the circuit court erred in granting summary judgment against her because there existed genuine issues of material fact. The statute is constitutional, and the court did not err in granting summary judgment. We affirm. This opinion will not be published.

2012AP1974 In re the termination of parental rights to Malachi D.

Dist II, Racine County, Torhorst, Constantine, JJ., Neubauer, P.J.

Attorneys: For Appellant: Schmaal, William E., Madison; For Respondent: Balter, Corinne L., Racine