Termination of Parental Rights.


Byline: Derek Hawkins

WI Court of Appeals District I

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

Case No.: 2018AP1257

Officials: DUGAN, J.

Focus: Termination of Parental Rights

J.A. appeals from the order terminating his parental rights to H.V.A., and the order denying his postdisposition motion. He contends that (1) WIS. STAT. 809.107(6)(am) requires that the trial court hold an evidentiary hearing upon remand by this court; (2) the CHIPS (child in need of protection or services) order created a substantial parental relationship that precluded the State from alleging failure to assume parental responsibility as a ground for the termination of his parental rights; (3) the failure to assume responsibility ground was unconstitutional as applied to him because the order placing H.V.A. outside the home made it impossible for him to assume parental responsibility; and (4) trial counsel was ineffective for not raising the second and third issues stated above, for failing to...

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