Termination of Parental Rights – Insufficient Evidence

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WI Court of Appeals – District III

Case Name: Rusk County v. R. S.

Case No.: 2022AP001530

Officials: Hruz, J.

Focus: Termination of Parental Rights – Insufficient Evidence

Ruth appeals an order terminating her parental rights (TPR) to Adam based on a petition filed by the Rusk County Department of Health and Human Services. Specifically, Ruth argues that there was insufficient evidence to support the jury’s verdict on the asserted ground that Adam was a child in continuing need of protection or services (continuing CHIPS) pursuant to WIS. STAT. § 48.415(2). Accordingly, Ruth contends that the circuit court erred by denying her motion for a directed verdict at the close of the Department’s evidence and her motion for a judgment notwithstanding the verdict.

TPR petitions based on the continuing CHIPS ground require proof of three elements, see WIS. STAT. § 48.415(2), but Ruth solely challenges the sufficiency of the evidence regarding the second element. Namely, Ruth argues that the evidence presented at trial did not establish that the Department made reasonable efforts, as required by § 48.415(2)(a)2.b., to provide the services ordered in the original CHIPS dispositional order. In particular, Ruth argues that the Department failed to assist her in obtaining inpatient mental health care. The Department argues that it presented sufficient evidence of its reasonable efforts to assist Ruth. The appeals court concludes that the circuit court properly denied Ruth’s motion for a directed verdict and that there was sufficient evidence to support the jury’s verdict.

Affirmed.

Decided 01/20/23

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