By: Derek Hawkins//September 5, 2018//
WI Court of Appeals – District IV
Case Name: Monroe County Department of Human Services v. B.L.S.
Case No.: 2018AP322
Officials: SHERMAN, J.
Focus: Termination of Parental Rights
B.S. appeals orders in two cases that were tried together that involuntarily terminate his parental rights to G.S. In circuit court case number 2016TP12, the circuit court ordered that B.S.’s parental rights are terminated on the ground that G.S. is a child in continuing need of protection and services (continuing CHIPS). See WIS. STAT. § 48.415(2). In circuit court case number 2016TP12A, the circuit court ordered that B.S.’s parental rights are terminated on the ground of continuing denial of periods of physical placement or visitation. See § 48.415(4). B.S.’s appeal concerns the grounds phase of the proceedings. Specifically, B.S. challenges the circuit court’s determination that grounds exist for continuing CHIPS. B.S. argues he received ineffective assistance of counsel at the trial on that ground, and contends that the circuit court should have held an evidentiary hearing on the effectiveness of his trial counsel. B.S. also challenges the court’s determination on summary judgment that grounds exist for continuing denial of periods of physical placement or visitation, arguing that the summary judgment submissions do not establish that he received proper notice under WIS. STAT. § 48.356(2). For the reasons explained below, I affirm.