Parenting Rights-Postdisposition Relief

By: WISCONSIN LAW JOURNAL STAFF//March 27, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Y. P. V.

Case No.: 2022AP001935

Officials: White, J.

Focus: Parenting Rights-Postdisposition Relief

Ynez appeals the order terminating her parental rights to her daughters, Miranda and Beatriz, and the order denying postdisposition relief. Ynez argues that her 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 her plea colloquy. The appeals court concludes that Ynez’s postdisposition motion set forth a prima facie case for plea withdrawal and reverses the order denying the postdisposition motion. The appeals court also remands with directions for the circuit court to determine whether the State can prove her plea was nonetheless entered knowingly, intelligently, and voluntarily.

Reversed and Remanded.

Decided 03/21/23

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