Juveniles – TPR — continuing parental disability

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Wisconsin Court of Appeals

Civil

Juveniles – TPR — continuing parental disability

Angie A. appeals from the order terminating her parental rights to Alicia A. She argues that because the State did not rely on the ground found in Wis. Stat. § 48.415(3), titled “continuing parental disability,” a ground which is specifically designed for parents who are mentally ill or developmentally disabled, but instead “shoehorn[ed] Angie A.’s situation” into the grounds of a child in “continuing need of protection or services” found in Wis. Stat. § 48.415(2) and “failure to assume parental responsibility” found in Wis. Stat. § 48.415(6), the Bureau of Milwaukee Children’s Welfare (Bureau) did not make reasonable efforts to provide the specialized services needed for Angie A. to regain custody of her daughter. Because the State is not limited in a termination of parental rights case to the grounds found in Wis. Stat. § 48.415(3) when there is an allegation that a parent suffers from mental illness or a developmental disability, the grounds alleged in the petition to terminate her parental rights are lawful. In addition, the evidence adduced at trial supported both grounds found in the petition and the jury’s finding that the Bureau made a reasonable effort to provide the services ordered by the court. Thus, the order is affirmed. This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.

2012AP2240 In re the termination of parental rights to Alicia A. v. Angie A.

Dist I, Milwaukee County, DiMotto, J., Curley, P.J.

Attorneys: For Appellant: Earle, Jane S., Shorewood; For Respondent: Sweeney, Sarah A., Wauwatosa