Termination of Parental Rights – Timing of Motion

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WI Court of Appeals – District III

Case Name: Brown County Department of Health and Human Services v. T. R.

Case No.: 2022AP001094

Officials: Gill, J.

Focus: Termination of Parental Rights – Timing of Motion

Talia appeals an order involuntarily terminating her parental rights to her daughter, Ashley (pseudonyms). During the grounds phase of the termination of parental rights (TPR) proceedings, the Brown County Department of Health and Human Services moved for partial summary judgment on the three-month abandonment ground. The circuit court granted the County’s motion. Talia argues that the partial summary judgment motion was untimely filed and surpassed the eight-month time period prescribed in WIS. STAT. § 802.08(1). In response, the County argues that the motion was filed pursuant to WIS. STAT. § 48.297(1)-(2) and, as such, could be filed at any time prior to trial.

The appeals court concludes that WIS. STAT. § 48.297(2) governs the timing of the motion. As a result, the court rejects Talia’s arguments and affirms the court’s order terminating Talia’s parental rights.

Affirmed.

Decided 01/20/23

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