Termination of Parental Rights

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WI Court of Appeals – District IV

Case Name: Juneau County Department of Human Services v. C.C.

Case No.: 2020AP438

Officials: KLOPPENBURG, J.

Focus: Termination of Parental Rights

The Juneau County Department of Health Services commenced this action seeking the termination of C.C.’s parental rights to her son, K.C. C.C. appeals the circuit court’s order granting the County’s motion for partial summary judgment on the existence of grounds to terminate CC’s parental rights based on abandonment. C.C. makes three arguments in support of her appeal: (1) the circuit court improperly made factual findings instead of determining whether there were genuine issues of material fact as to whether C.C. had good cause for failing to visit or communicate with her son during the second, third, and fourth of the four periods of abandonment alleged by the County; (2) the court erroneously considered evidence outside of the summary judgment record, consisting of the criminal complaint connected with C.C.’s incarceration during the alleged fourth period of abandonment; and (3) the court erroneously permitted the County to file an affidavit with its reply brief in support of its summary judgment motion. I conclude that: (1) C.C. has failed to show that there is a genuine issue of material fact as to the absence of good cause for her not communicating with her son and his foster parents during at least a more than three-month portion of the fourth alleged period of abandonment; and (2) whether the court properly considered the criminal complaint and permitted the County to file the affidavit on reply need not be reached because I do not rely on either the criminal complaint or the reply affidavit in my de novo review. Accordingly, I affirm the order terminating C.C.’s parental rights to her son.

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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.