Termination of Parental Rights

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Venue: WI Court of Appeals – District II

Case Name: Waukesha County Department of Health & Human Services v. K.R. G.

Case No.: 2016AP222

Officials: REILLY, P.J.

Wisconsin has a two-part procedure for involuntary termination of parental rights (TPR). The focus in the “grounds” phase is on the parent, and the county must prove by clear and convincing evidence that the parent is “unfit.” WIS. STAT. § 48.31(1); Steven V. v. Kelley H., 2004 WI 47, ¶3, 271 Wis. 2d 1, 678 N.W.2d 856. The focus in the “dispositional” phase is on the child, and the court must decide if it is in the child’s best interests that the rights of his or her parent be terminated. WIS. STAT. § 48.426(2). In this case, K.R.G. abandoned her child and then failed to cooperate with programming and treatment aimed at reunification. K.R.G. also repeatedly failed to attend court-ordered hearings despite being repeatedly warned that her failure to appear in court was grounds for the default of her right to challenge her “unfitness” as a parent. When K.R.G. failed to appear in court on August 12, 2015, the circuit court heard evidence as to K.R.G.’s “unfitness,” found that the Waukesha County Department of Health and Human Services (County) had proven “unfitness,” and defaulted K.R.G. from contesting the court’s findings. K.R.G. did not attend the dispositional hearing, and the court terminated her parental rights. K.R.G. claims the court erred when it denied her motion to vacate the default finding as she had a “desire” and “determination” to participate in the TPR proceeding. We conclude the court properly exercised its discretion in all respects and affirm.

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.