Termination of Parental Rights

By: Derek Hawkins//April 10, 2019//

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WI Court of Appeals – District II

Case Name: Racine County Human Services Department v. L.R.H.-J

Case No.: 2018AP2065

Officials: REILLY, P.J.

Focus: Termination of Parental Rights

L.R.H.-J. appeals from the involuntary termination of her parental rights (TPR) to her daughter, J.N.J.-W. Birth mother was found unfit at the “grounds” stage of the TPR proceeding pursuant to WIS. STAT. § 48.415(9m) after the Racine County Human Services Department (the department) moved uncontested for summary judgment. Birth mother argues that § 48.415(9m), allowing summary judgment against a parent who has committed a “serious felony” against a child, is unconstitutional both facially and as applied to her and that her trial counsel was prejudicially ineffective for failing to challenge the summary judgment motion. As we conclude that § 48.415(9m) is constitutional and, therefore, trial counsel did not perform deficiently, we affirm.

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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.

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