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WISCONSIN: In re Termination of Parental Rights to Elijah W.L.
07.15.2010 | Termination of Parental Rights
The Supreme Court of Wisconsin affirmed the circuit court’s order denying appellant-parents’ post-verdict motion to dismiss the department’s termination of parental rights petitions, concluding that the CHIPS dispositional orders underlying the termination petitions were sufficient, as they contained specific reunification services to be provided to the family, and that the department proved by clear and convincing evidence that it had made a reasonable effort to provide the reunification services ordered by the court. The court held that under Wisc. Stat. § 48.355(2)(b)(1), it is not required that a CHIPS dispositional order separately list out each service that the department is to provide, so long as the department is ordered to provide supervision, services and case management. Here, the CHIPS dispositional orders were sufficient as each laid out the conditions each parent had to meet, including living a drug free life, attending counseling and obtaining housing, and directed the department to assist the parents in completing the services; therefore, the circuit court did not err in denying the motion to dismiss the termination petitions.
Cite: No. 2008 AP 3065, 2010 WI 55; 2010 Wisc. LEXIS 48 (Wisc. June 29th, 2010)
Link to Full Opinion
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