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Juveniles – TPR — ineffective assistance

By: WISCONSIN LAW JOURNAL STAFF//November 27, 2013//

Juveniles – TPR — ineffective assistance

By: WISCONSIN LAW JOURNAL STAFF//November 27, 2013//

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Wisconsin Court of Appeals

Civil

Juveniles – TPR — ineffective assistance

The termination of parental rights follows a bifurcated procedure: the first stage is a fact-finding hearing where the focus is on the parent, see Wis. Stat. § 48.415; it is not until the second stage that the court considers the best interests of the children, Waukesha Cnty. DSS v. C.E.W., 124 Wis. 2d 47, 60-61, 368 N.W.2d 47 (1985). Christina C. appeals from orders terminating her parental rights and denying her request for a new trial, arguing that her counsel was ineffective when he failed to object at the first stage when the best interests of the children were commented on. As the court’s instructions and special verdict form given to the jury cured any prejudice, we affirm. This opinion will not be published.

2013AP1519, 2013AP1520 In re the termination of parental rights to Rhyleigh A.C. v. Christina M.C., et al.

Dist II, Winnebago County, Bissett, J., Reilly, J.

Attorneys: For Appellant: Schertz, Dennis, Hudson; For Respondent: Bodnar, John A., Oshkosh

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