Termination of Parental Rights

By: Derek Hawkins//July 25, 2018//

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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.

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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.

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