Family Law – Termination of Parental Rights

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Civil

WI Court of Appeals – District IV

Officials: HIGGINBOTHAM, J

Family Law – Termination of Parental Rights

2014AP2570 & 2014AP2571 Derrick P. V. Anita P

Anita P. appeals circuit court orders terminating her parental rights to her children, Amber P. and Ashley P. The court terminated Anita’s parental rights to both children pursuant to WIS. STAT. § 48.415(4), which provides that parental rights may be terminated when there is a continual denial of periods of physical placement or visitation of a parent’s child. On appeal, Anita does not challenge the merits of the court’s orders terminating her parental rights or claim error on the part of the court or counsel. Instead, she brings both a facial and an as-applied constitutional challenge to § 48.415(4)(a). Specifically, Anita argues, for the first time on appeal, that: (1) § 48.415(4)(a) violates the constitutional guarantee of equal protection because it requires a notice element for certain underlying court orders that deny physical placement but not for others; and (2) § 48.415(4)(a) is unconstitutional, as-applied, because her parental rights were removed without adequate protections and without any court finding that she is unfit, which results in a due process violation. We affirm.

Decision

Affirmed

Full Text

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