Termination of Parental Rights

Listen to this article

WI Court of Appeals – District IV

Case Name: Dane County Department of Human Services v. J.R.

Case No.: 2019AP820; 2019AP821

Officials: Fitzpatrick, P.J., Blanchard and Kloppenburg, JJ.

Focus: Termination of Parental Rights

In these consolidated appeals, J.R. appeals non-final orders of the Dane County Circuit Court. Those orders denied J.R.’s motions requesting the circuit court to rule that, in order to establish the continuing CHIPS ground for the termination of J.R.’s parental rights, the Dane County Department of Human Services (the County) must prove the elements for that ground set forth in WIS. STAT. § 48.415(2)(a) (2015-16) rather than the elements set forth in § 48.415(2)(a) (2017-18).

At the time the orders placing J.R.’s children outside the home were first entered in two CHIPS cases, WIS. STAT. § 48.415(2)(a) (2015-16) set out the elements of the continuing CHIPS ground and the orders referred to those elements. The continuing CHIPS ground elements were changed when § 48.415(2)(a) (2015-16) was amended by 2017 Wis. Act 256, § 1. See § 48.415(2)(a) (2017-18). About seven months after that amendment took effect, the County filed the petitions to terminate J.R.’s parental rights and the petitions stated the elements set forth in the amended version of the statute.

J.R. contends that the County is required to prove the elements of the prior version of WIS. STAT. § 48.415(2)(a), whereas the County contends that it is required to prove the elements of the amended version of that statute. For the reasons set forth below, we conclude that the County is required to establish the elements for the ground of continuing CHIPS set forth in the amended version of § 48.415(2)(a). Accordingly, we affirm the orders of the circuit court.

Full Text

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.