By: Derek Hawkins//July 25, 2018//
WI Court of Appeals – District IV
Case Name: Monroe County Department of Human Services v. A.D.
Case No.: 2018AP825
Officials: BLANCHARD, J.
Focus: Termination of Parental Rights
A.D. raises two arguments challenging the circuit court’s order terminating her parental rights to D.D., both directed at the court’s grant of partial summary judgment on the ground of “[c]ontinuing denial of periods of physical placement or visitation,” establishing parental unfitness. See WIS. STAT. § 48.415(4). First, A.D. contends that genuine issues of material fact preclude partial summary judgment in the grounds phase. In substance, this argument is based on statutory interpretation. Second, she argues that § 48.415(4) violates substantive due process as applied to her. She may also intend to argue that § 48.415(4) is facially unconstitutional. See U.S. Const. Amend. 14; Wis. Const. Art. 1, § 1. I reject each argument and accordingly affirm.