Termination of Parental Rights

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WI Court of Appeals – District III

Case Name: Brown County Department of Health and Human Services v. L.F.H., Sr.,

Case No.: 2019AP145

Officials: STARK, P.J.

Focus: Termination of Parental Rights

L.F.H., Sr., (L.F.H.) appeals an order terminating his parental rights to his son, Leon. The circuit court granted partial summary judgment in favor of the Brown County Department of Health and Human Services (the Department), finding that grounds existed to terminate L.F.H.’s rights under WIS. STAT. § 48.415(4) based upon a continuing denial of his periods of physical placement or visitation with Leon. L.F.H. argues the Department failed to prove a court order had been entered against him that satisfied the requirements of § 48.415(4). We agree. Therefore, we reverse the order terminating L.F.H.’s parental rights. Because the Department cannot meet its burden of proof under § 48.415(4), on remand, we direct the court to enter partial summary judgment in favor of L.F.H. and dismiss the § 48.415(4) ground for termination of L.F.H.’s parental rights.

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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.