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Termination of Parental Rights-Post Dispositional Relief

By: WISCONSIN LAW JOURNAL STAFF//March 20, 2023//

Termination of Parental Rights-Post Dispositional Relief

By: WISCONSIN LAW JOURNAL STAFF//March 20, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. N. H.

Case No.: 2022AP001945

Officials: White, J.

Focus: Termination of Parental Rights-Post Dispositional Relief

Nico appeals the order terminating his parental rights to his son, Everett, and the order denying postdisposition relief. Nico argues that his no contest plea to the grounds for the termination of parental rights (TPR) petition was not knowing, intelligent, and voluntary because the circuit court set forth the wrong standard of law for the dispositional phase during his plea colloquy The appeals court concludes that Nico’s postdisposition motion set forth a prima facie case for plea withdrawal; and thus reverses the order denying the postdisposition motion. The appeals court remands with directions for the circuit court to determine whether the State can prove Nico’s plea was nonetheless entered knowingly intelligently, and voluntarily.

Additionally, Nico argues that the circuit court’s analysis of Everett’s wishes in its consideration of the statutory factors in the dispositional phase of the TPR proceeding was an erroneous exercise of discretion. The circuit court acted within its discretion in its considerations during the dispositional phase, according to the appeals court. Therefore, the court affirms the order terminating Nico’s parental rights.

Affirmed, Reversed and Remanded.

Decided 03/14/23

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