Termination of Parental Rights

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WI Court of Appeals – District III

Case Name: Brown County Human Services v. B.P., et al.  

Case No.: 2018AP1259; 2018AP1278

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Termination of Parental Rights

B.P. and T.F. appeal partial summary judgment orders finding that grounds exist to terminate their parental rights. The circuit court concluded, under WIS. STAT. § 48.415(1)(a)3. (2017-18), that B.P. and T.F. each abandoned their daughter, Allie.

T.F. alleges the circuit court erred in concluding the Brown County Human Services Department (the Department) properly pleaded that she abandoned Allie under WIS. STAT. § 48.415(1)(a)3. (hereinafter, “subd. 3.”). She argues the Department failed to state a claim for which relief could be granted because it pleaded a legally inapplicable ground for the termination of her parental rights. Specifically, T.F. contends that “[i]f the government seeks to terminate a parent’s rights on grounds of abandonment in a case where an out-of-home [Child in Need of Protection or Services (CHIPS)] order is in place,” it is limited to proceeding under § 48.415(1)(a)2. (hereinafter, “subd. 2.”), which specifically references such cases, and it may not proceed under subd. 3., which contains no such reference. In addition, T.F. argues that subd. 3.’s abandonment ground was not applicable because one of its elements—that the child was “left” by a parent with another person—cannot be met given that Allie was involuntarily removed from T.F.’s home pursuant to a CHIPS order. T.F. also contends that the Department’s petition to terminate her parental rights under the subd. 3. abandonment ground violates her constitutional right to equal protection. Finally, both T.F. and B.P. allege the court erred by granting the Department’s partial summary judgment motion because genuine issues of material fact exist as to their statutory good cause defenses for abandoning Allie.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.