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Termination of Parental Rights–Plea Withdrawal

By: WISCONSIN LAW JOURNAL STAFF//September 18, 2023//

Termination of Parental Rights–Plea Withdrawal

By: WISCONSIN LAW JOURNAL STAFF//September 18, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. B. W.

Case No.: 2022AP001329

Officials: Donald, P.J.

Focus: Termination of Parental Rights–Plea Withdrawal

B.W. appeals an order of the circuit court terminating his parental rights to his son, Bob. On appeal, B.W. contends that he is entitled to plea withdrawal because the circuit court failed to ensure that he understood the correct standard the court would rely on at the dispositional hearing. In addition, B.W. contends that he is entitled to a new dispositional hearing because the circuit court erroneously exercised its discretion in finding that the termination of B.W.’s parental rights was in Bob’s best interests.

At issue in this case is the first step of the Bangert analysis. B.W. contends that he has made a prima facie showing entitling him to an evidentiary hearing. In response, the State and Guardian ad Litem (GAL) contend that B.W. failed to make a prima facie showing that the court violated its mandatory duties when it accepted B.W.’s plea. The appeals court agrees with the State and GAL.

Affirmed.

Decided 09/12/23

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