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Termination of Parental Rights

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

Termination of Parental Rights

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

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. S. F.

Case No.: 2023AP001699

Officials: White, J.

Focus: Termination of Parental Rights

Sabrina appeals from the orders terminating her parental rights to her children: Kendra, Kyanna, Cameron, Michael, and Ivan. The Division of Milwaukee Child Protective Services (DMCPS) received twelve referrals concerning Sabrina and her children since 2009. Sabrina argues that the State did not prove each element in either ground alleged to terminate her parental rights; therefore, there was insufficient evidence to support the court’s finding that Sabrina was an unfit parent. Additionally, she argues that the circuit court erroneously exercised its discretion in the dispositional phase when it ordered the termination of her parental rights.

The appeals court’s examination of the record shows that the court considered Sabrina’s parenting in the context of her cognitive disabilities and could not see how the agency or DMCPS could have done more to alleviate that situation. The court made a careful, thoughtful deliberation of the children’s best interests in its TPR decision.  The appeals court concludes that the circuit court “properly exercise[d] its discretion” because in its decision, “it employ[ed] a rational thought process based on an examination of the facts and an application of the correct standard of law.”

Affirmed.

Decided 12/12/23

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