By: Derek Hawkins//May 22, 2018//
WI Court of Appeals – District I
Case Name: State of Wisconsin v. A.E.
Case No.: 2017AP1773; 2017AP1774
Officials: BRENNAN, P.J.
Focus: Termination of Parental Rights
Tony appeals from orders terminating his parental rights to two of his children, Susan and Mark, and from the postdisposition court’s decision of February 9, 2018, denying his post-remand motion without an evidentiary hearing. Tony makes five arguments in support of vacating the orders: (1) the post-disposition court erred in denying his post-remand motion without an evidentiary hearing; (2) a CHIPS removal order created a “courtordered and court-supervised substantial parental relationship” that made the grounds of failure to assume parental responsibility unlawful; (3) trial defense counsel was ineffective for not objecting that WIS. STAT. § 48.415(6) is unconstitutional as applied to him here because the State’s removal of both children from his care made daily care impossible; (4) the evidence was insufficient to support the continuing CHIPS grounds in his son’s case; and, (5) he is entitled to a new trial in the interest of justice. We reject his claims and affirm for the reasons following.