Termination of Parental Rights-Substantial Relationship Test

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WI Court of Appeals – District III

Case Name: Brown County Health and Human Services v. J. L.

Case No.: 2026AP000176

Officials: Hruz, J.

Focus: Termination of Parental Rights-Substantial Relationship Test

Brown County Health and Human Services had petitioned for termination on abandonment grounds of a mother’s parental rights to her daughter, Jamie, which the circuit court established through partial summary judgment. At the dispositional phase, the court determined that termination was in Jamie’s best interests under Wisconsin law.

Before the Court of Appeals, the mother argued that the circuit court improperly evaluated whether Jamie had “substantial relationships” with her mother and biological siblings, as required by WIS. STAT. § 48.426(3)(c). She contended that the court focused too narrowly on whether there was a “substantial parental relationship” rather than any meaningful relationship.

The court rejected these arguments, finding that the circuit court properly exercised its discretion in concluding that no substantial relationship existed between the mother and Jamie, emphasizing that the mother had no contact with Jamie during most of the child’s first year and only limited visitation thereafter. The court further agreed that severing the relationship would not harm Jamie, who had lived continuously with foster parents committed to adopting her.

The court also rejected the argument concerning Jamie’s biological siblings. Because the mother’s rights to those siblings had already been terminated and the siblings had been adopted, their legal relationship to Jamie had already been severed. Accordingly, the circuit court properly concluded that termination of the mother’s rights was in Jamie’s best interests.

Affirmed.

Decided 05/01/26

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