Termination of Parental Rights

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. H. C.

Case No.: 2023AP001950

Officials: Colón, J.

Focus: Termination of Parental Rights

Appeals from an order of the circuit court terminating her parental rights to her son, John.2 On appeal, H.C. argues that WIS. STAT. § 48.426(3) is unconstitutional on its face because it does not define a specific burden of proof for the State at the dispositional phase of a proceeding to terminate parental rights. She further argues that the circuit court erroneously exercised its discretion following the disposition hearing when it found that it was in her son’s best interest to terminate her parental rights.

Upon review, the appeals court concludes that due process requires that the best interest of the child be proven by a preponderance of the evidence at the dispositional phase. However, the appeals court also concludes that the circuit court did not erroneously exercise its discretion when it found that it was in John’s best interest to terminate H.C.’s parental rights.

Affirmed.

Decided 03/05/24

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