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Plea Withdrawal – CHIPS

By: Derek Hawkins//August 24, 2021//

Plea Withdrawal – CHIPS

By: Derek Hawkins//August 24, 2021//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. E.R.W.,

Case No.: 2020AP1778; 2020AP1779; 2020AP1780

Officials: DAVIS, J.

Focus: Plea Withdrawal – CHIPS

In this consolidated appeal, “Eileen” appeals from: (1) WIS. STAT. ch. 48 dispositional orders finding her children “Erika,” “April,” and “Mark” in need of protection or services (CHIPS); and (2) an order denying her post-disposition motion to withdraw her no-contest pleas in the CHIPS actions. Eileen seeks review of the latter order on the grounds that the CHIPS petition does not reflect a sufficient factual basis for her pleas.

It is undisputed that the dispositional orders have expired and that our resolution of the plea withdrawal issue will have no practical effect on the closed CHIPS cases. We hold that, accordingly, the appeals of April’s and Mark’s cases are moot, as there are no lasting collateral consequences stemming from their orders. See Marathon County v. D.K., 2020 WI 8, ¶¶19, 23-25, 390 Wis. 2d 50, 937 N.W.2d 901. We further hold that the appeal of Erika’s case is not moot: because her dispositional order placed her outside the home, her CHIPS adjudication may form the partial basis for an involuntary termination of parental rights (TPR) action against Eileen. See id., ¶25. Thus, a real and lasting collateral consequence exists with respect to that order.

On the merits of the appeal as to Erika, the facts in the CHIPS petition show that, on a regular basis and over a number of years, Eileen neglected to provide sufficient food for Erika. Thus, there is a factual basis for the CHIPS allegation that Eileen neglected, refused, or was unable, for reasons other than poverty, to provide necessities for Erika, so as to seriously endanger Erika’s physical health. See WIS. STAT. § 48.13(10). Accordingly, we affirm.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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