Termination of Parental Rights

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. C.W.

Case No.: 2017AP1228; 2017AP1229; 2017AP1230

Officials: BRENNAN, P.J.

Focus: Termination of Parental Rights

C.W. appeals the orders terminating his parental rights to three children, and he seeks to withdraw his no-contest plea to the grounds phase. He argues first that his plea was not voluntary and that he has a statutory right to an evidentiary hearing on that claim; second, that there was no factual basis for his plea; and third, that the statute under which grounds were found for the termination—failure to assume parental responsibility—is unconstitutional as applied to him. The constitutional challenge is based on his argument that because the CHIPS court took away from C.W. the daily supervision of his children, the State impermissibly made the conditions for establishing a substantial parental relationship impossible. Finally, he argues that notwithstanding clear language in State v. Margaret H. to the contrary (“the court may afford due weight to an adoptive parent’s stated intent to continue visitation with family members”), it is improper to permit testimony concerning ongoing future contact—and that trial counsel’s failure to object to it therefore constituted ineffective assistance. We reject his arguments and affirm the orders.

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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.