Termination of Parental Rights

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WI Court of Appeals – District IV

Case Name: S.D. v. A.V.

Case No.: 2018AP1150

Officials: KLOPPENBURG, J.

Focus: Termination of Parental Rights

The circuit court entered an order terminating the appellant A.V.’s parental rights to his daughter, M.D. (the child), following a “grounds” hearing at which the court determined that the grounds for terminating A.V.’s parental rights had been established. A.V. makes two arguments on appeal. First, A.V. argues that he received ineffective assistance of counsel at the grounds hearing and that, as a result, this case must be remanded for the circuit court to conduct a new grounds hearing. Second, A.V. argues that the court erroneously entered the termination order without first holding a dispositional hearing on the question of whether terminating his parental rights serves the child’s best interests and that, as a result, the order must be reversed and this case remanded to the circuit court for it to conduct a dispositional hearing.

As to the first issue, A.V. fails to show that he received ineffective assistance of counsel at the grounds hearing. As to the second issue, the respondent S.D. concedes that the circuit court improperly terminated A.V.’s parental rights without first holding a dispositional hearing on the question of the child’s best interests. Accordingly, I reverse the order terminating A.V.’s parental rights and remand to the circuit court for it to conduct a dispositional hearing.

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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.