Termination of Parental Rights

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WI Court of Appeals – District III

Case Name: Barron County Department of Health and Human Services v. J. W.

Case No.: 2023AP000060

Officials: Stark, P.J.

Focus: Termination of Parental Rights

Nate was born in October 2017, and was removed from Jill’s care in December 2020 due to her use of methamphetamine in her home. Jill appeals an order terminating her parental rights (TPR) to Nate. Jill argues that the Barron County Department of Health and Human Services failed to prove by clear and convincing evidence that grounds existed to terminate her parental rights, and that the circuit court, therefore, erroneously exercised its discretion by finding her to be an unfit parent. Additionally, Jill argues that the County presented insufficient evidence for the court to find that termination of her parental rights was in Nate’s best interest, and that the court erroneously exercised its discretion in terminating her parental rights. Jill claims that the court gave “excessive emphasis to the historic information that is based on the fact[s] at the time of the removal of [Nate] from the parental home.” She asserts that this evidence occurred either “long before Nate was born,” or months before the dispositional hearing. Jill fails to acknowledge that the circuit court was aware that Nate’s sibling was also removed from Jill’s care, and the court specifically noted that Nate “will be able to maintain a relationship with his biological sibling” regardless of the TPR. As stated, the court noted that Jill may have made some recent progress, and it acknowledged her love for Nate. The court nonetheless found that “there has not been significant progress,” specifically mentioning Jill’s recurring AODA issues and domestic violence in the home.

Affirmed.

Decided 06/13/23

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