Termination of Parental Rights

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WI Court of Appeals – District IV

Case Name: Dane County Department of Human Services v. T.S.

Case No.: 2019AP415

Officials: BLANCHARD, J.

Focus: Termination of Parental Rights

T.S. appeals the circuit court’s order terminating his parental rights to his son, C.P., now a 3-year-old. The court determined that T.S. is unfit to parent C.P., based on C.P. being a child in continuing need of protection or services (CHIPS). See WIS. STAT. § 48.415(2). The court then determined that termination would be in C.P.’s best interest. In a challenge to the grounds determination, T.S. argues that the court violated his right to due process by relying on an incorrect element of the CHIPS ground. I reject this contention based on the County’s well-supported harmless error argument, which T.S. concedes through silence.

In a challenge to the disposition ruling, T.S. argues that, in making its best interest of the child determination, the court improperly “imported the definition of substantial parental relationship from the unfitness ground of WIS. STAT. § 48.415(6) Failure to Assume Parental Responsibility and used that definition to examine C.P.’s relationship with T.S. and his extended family members.” This argument is difficult for me to track, but in any case I reject it because it takes a statement by the court out of context and T.S. fails to show how the court’s broader analysis was improper. Accordingly, I 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.