Termination of Parental Rights

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WI Court of Appeals – District IV

Case Name: Jackson County Department of Human Services v. R.H.H., Jr.,

Case No.: 2018AP2440; 2018AP2441; 2018AP2442; 2018AP2443

Officials: FITZPATRICK, J.

Focus: Termination of Parental Rights

R.H.H. appeals a grant of partial summary judgment in favor of the Jackson County Department of Human Services (the County) and orders of the Jackson County Circuit Court terminating his parental rights to N.H., A.R.H., M.H., and M.R.M.K. The circuit court found R.H.H. unfit under WIS. STAT. § 48.415(4) based on a continuing denial of visitation. R.H.H. argues that the court-ordered conditions necessary for R.H.H. to be granted visitation violated his Fifth Amendment right against self-incrimination, and that the circuit court’s grant of partial summary judgment violated his due process rights. Additionally, R.H.H. argues that he did not receive the written notice required by § 48.415(4).

The constitutional issues need not be decided. Rather, I conclude that partial summary judgment should not have been granted in favor of the County because the order denying visitation did not contain the written notice required by WIS. STAT. § 48.415(4). Accordingly, the orders of the circuit court terminating R.H.H.’s parental rights to his children are reversed. Because the County can not meet its burden of proof that R.H.H. received the required written notice, on remand the circuit court shall enter partial summary judgment in favor of R.H.H. and dismiss the § 48.415(4) ground for termination of parental rights. The County may then proceed to trial on the remaining allegation in the petition to terminate parental rights or, alternatively, recommence proceedings under § 48.415(4) with the proper written notice.

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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.