Parental Rights Termination

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WI Court of Appeals – District I

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

Case No.: 2023AP000692

Officials: Donald, P.J.

Focus: Parental Rights Termination

On December 17, 2018, when her daughter, A.M.H. was eleven years old, M.S.H. contacted the Division of Milwaukee Child Protective Services and asked them to remove A.M.H. from her home. M.S.H. stated that she could not deal with A.M.H. and that she did not want to hurt her. M.S.H. stated that she was upset that A.M.H. damaged a wall in their home and noted that she did not know why A.M.H. jumped into the wall after M.S.H. hit her on the back with a broom. M.S.H. also admitted to hitting A.M.H. with her hand, a belt, and a hanger. M.S.H. further stated that she had previously inflicted injuries on A.M.H., including a chipped tooth and linear marks on her arms from a ruler. At the time of removal, M.S.H. stated to A.M.H. that “I am glad you are out.”  M.S.H. appeals the order of the circuit court terminating her parental rights to A.M.H. M.S.H. contends that the circuit court erroneously exercised its discretion when it granted a default judgment, and when the circuit court found that it was in A.M.H.’s best interests to terminate M.S.H.’s parental rights. The appeals court concludes that the record, however, reflects that the circuit court did consider M.S.H.’s relationship with A.M.H. and her efforts. At the 2021 dispositional hearing, the circuit court “recognize[d] that [M.S.H.] loves [A.M.H.] very No. 2023AP692 8 much[.]” However, the circuit court stated that it was “not viable” to send A.M.H. home with M.S.H. due to abuse concerns

Affirmed.

Decided 08/01/23

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