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Termination of Parental Rights and Due Process Violation

By: Derek Hawkins//June 10, 2020//

Termination of Parental Rights and Due Process Violation

By: Derek Hawkins//June 10, 2020//

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WI Court of Appeals – District III

Case Name: Brown County Depart of Human Services v. H.P.,

Case No.: 2019AP1324; 2019AP1325

Officials: HRUZ, J.

Focus: Termination of Parental Rights and Due Process Violation

In these consolidated appeals, Haley appeals nonfinal orders of the circuit court in two termination of parental rights (TPR) cases pertaining to her children, Rachel and Jack. Those orders denied Haley’s motion asking the circuit court to determine that the Brown County Department of Human Services (the Department) must prove the elements of the continuing CHIPS ground for a TPR as previously set forth in WIS. STAT. § 48.415(2)(a) (2015-16), as opposed to the elements now set forth by § 48.415(2)(a) (2017-18).

Haley contends the Department cannot use the amended version of WIS. STAT. § 48.415(2)(a) as a basis to terminate her parental rights because its elements changed during the pendency of her CHIPS cases, such that applying the current statutory elements would violate her constitutional rights to procedural due process. For the reasons set forth herein, we disagree. Haley’s TPR proceedings must employ the amended, and current, version of § 48.415(2)(a), and such an application of the statute to her circumstances does not violate her due process rights. We therefore affirm the orders of the circuit court.

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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.

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