Termination of Parental Rights

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WI Court of Appeals – District III

Case Name: Chippewa County Department of Human Services v. T. M. J.

Case No.: 2023AP000463

Officials: Gill, J.

Focus: Termination of Parental Rights

In January 2020, Derek and Drew were removed from Tracy’s care. The circuit court ordered that Derek and Drew be placed in a foster home. Due to the children’s behavior, Derek and Drew were moved to their current level four treatment foster home, in November 2020. The current foster family has been providing children with foster care for over ten years and they have specialized training in caring for traumatized children.

Tracy appeals from orders terminating her parental rights to her two sons, Derek and Drew, based upon a continuing need of protection or services. Tracy argues that the circuit court erroneously exercised its discretion when it failed to consider whether Derek and Drew had substantial relationships with their older siblings and whether terminating Tracy’s parental rights would be harmful to those relationships.

The appeals court rules that the court here explicitly addressed the statutory factor of whether Derek and Drew have substantial relationships with their parent or other family members and whether it would be harmful to sever those relationships. While the court focused its analysis on Derek’s and Drew’s relationships with Tracy and Tracy’s family members, the appeals court can infer that the lower court relied on the foster mother’s promises to continue contact between Derek, Drew, and their siblings. The court could, therefore, reasonably find that termination of Tracy’s rights would not be likely to harm Derek and Drew.

Affirmed.

Decided 10/24/23

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