Termination of parental rights

By: WISCONSIN LAW JOURNAL STAFF//June 12, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. R. A. M.

Case No.: 2023AP000441

Officials: White, J.

Focus: Termination of parental rights

R.A.M. appeals the order terminating her parental rights to her child, P.M. She argues that the circuit court lost competency because the circuit court proceeded to the dispositional phase of the termination of parental rights (TPR) proceedings in violation of a statutory mandate. The appeals court agrees that the court lost competency and concludes that the circuit court violated R.A.M.’s due process rights, and reverses the TPR order and remand with directions for the circuit court to hold a new dispositional hearing. The appeals court concludes that R.A.M.’s due process rights were violated when the circuit court determined the disposition of the TPR petition when it lacked competency to do so, by operation of WIS. STAT. § 48.23(2)(b)3.

Reversed and Remanded.

Decided 06/06/23

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