Termination of Parental Rights

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. T.S.R.,

Case No.: 2017AP548

Officials: DUGAN, J.

Focus: Termination of Parental Rights

T.S.R. appeals the trial court’s orders terminating her parental rights to her child, T.S.J., and denying her postdispositional motion. On appeal, she contends that the trial court should have found that trial counsel was ineffective for failing to challenge, as applied to her, two statutory grounds that the State relied upon as the basis for termination of her parental rights was constitutional. Those two grounds are continuing child in need of protective services (CHIPS) and failure to assume parental responsibility.

As to the failure to assume parental responsibility ground, she argues that the statute violates substantive due process because it was impossible for her to exercise daily care and supervision of T.S.J. when T.S.J. was in out-of-home care. As to the continuing CHIPS ground, she argues that the same right was violated because her mental illness made it impossible for her to fulfill the conditions for return.

For the reasons stated below, we conclude that the trial court did not err in determining that T.S.R. was not denied effective assistance of trial counsel, because, as applied to T.S.R., the statutory grounds for terminating parental rights based on continuing CHIPS and on failure to assume parental responsibility are constitutional. Therefore, we affirm.

Full Text

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.