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Termination of Parental Rights-Notice of Petition

By: WISCONSIN LAW JOURNAL STAFF//July 17, 2023//

Termination of Parental Rights-Notice of Petition

By: WISCONSIN LAW JOURNAL STAFF//July 17, 2023//

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WI Court of Appeals – District I

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

Case No.: 2023AP000732

Officials: White, J.1

Focus: Termination of Parental Rights-Notice of Petition

M.H. appeals the order terminating her parental rights to her son, T.H. She first argues that the circuit court erred when it entered default judgment against her on the grounds for the termination of parental rights (TPR) petition because there was no proof she had notice of the petition. Second, she argues that the circuit court failed to analyze on the record all required statutory factors in the dispositional phase of the TPR.

The record reflects that the State attempted personal service on M.H. three times, each at the address where she had been known to live by DMCPS. When the third attempt was unsuccessful, the State published the summons in the Daily Reporter, a newspaper allowed to print legal notices for residents in Milwaukee County. M.H. offers the conclusory statement that it was not proven she lived in Milwaukee County at the time of the service by publication. However, she fails to assert that more diligent efforts could have yielded another address for personal service and as the State notes, her notice of intent for post-dispositional relief listed a City of Milwaukee address.

Affirmed.

Decided 07/11/23

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