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Termination of Parental Rights-Sufficiency of Evidence

By: WISCONSIN LAW JOURNAL STAFF//December 4, 2023//

Termination of Parental Rights-Sufficiency of Evidence

By: WISCONSIN LAW JOURNAL STAFF//December 4, 2023//

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. T. J.

Case No.: 2023AP001239

Officials: Geenen, J.

Focus: Termination of Parental Rights-Sufficiency of Evidence

Tony appeals the orders of the circuit court terminating his parental rights to Tisha, Troy, Tina, and Todd. Tony argues that the court erroneously admitted three separate pieces of hearsay evidence. He also contends that, with respect to Troy, Tina, and Todd, there was insufficient evidence to support the jury’s conclusion that the Department of Milwaukee Child Protective Services (DMCPS) made reasonable efforts to provide Tony with court-ordered services (specifically, family therapy). Finally, Tony argues that the circuit court erroneously exercised its discretion in Tisha’s case when it terminated his parental rights based, in part, on a misunderstanding of the permanency of her current foster care placement.

According to the appeals court, the circuit court evaluated and weighed the six statutory factors enumerated at WIS. STAT. § 48.426(3) before terminating Tony’s parental rights to the children. One of those factors requires the court to consider “[w]hether the child[ren] will be able to enter into a more stable and permanent family relationship as a result of the termination, taking into account the conditions of the child[ren]’s current placement[s], the likelihood of future placements and the results of prior placements.”

Affirmed.

Decided 11/28/23

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