Termination of Parental Rights

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WI Court of Appeals – District III

Case Name: Brown County Department of Human Services v. S. K. [Recommended for Publication]

Case No.: 2022AP001432

Officials: GILL, J.

Focus: Termination of Parental Rights

Stephanie appeals from an order terminating her parental rights to her son Robert. Stephanie argues that the circuit court erred by granting the Brown County Department of Human Services’ motion for partial summary judgment during the grounds phase of the termination of parental rights proceedings. The court concluded that the undisputed facts established that grounds existed to terminate Stephanie’s parental rights under WIS. STAT. § 48.415(9m)—commission of a serious felony against a child. Stephanie argues the undisputed facts do not establish that she committed a serious felony against a child because she was convicted of the crime in question—neglect of a child resulting in death—as a party to the crime. Stephanie contends that under the plain language of § 48.415(9m)(b)3., a conviction for neglect of a child resulting in death as a party to the crime does not qualify as a serious felony.

The appeals court rejects Stephanie’s argument that a conviction for neglect of a child resulting in death as a party to the crime can never qualify as a serious felony for purposes of WIS. STAT. § 48.415(9m). Instead, based on the plain language of § 48.415(9m)(b)3., the appeals court concludes that a conviction for neglect of a child resulting in death as a party to the crime qualifies as a serious felony for purposes of § 48.415(9m) if the individual in question directly committed that crime. The circuit court did not apply this standard when ruling on the County’s motion for partial summary judgment.

Reversed and Remanded.

Decided 04/18/23

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