Legal Opinion

Racine Cnty. Human Servs. Dep't v. L. R. H.-J. (In re J.N.J.-W.)

Court of Appeals of Wisconsin

Decided March 6, 2019No. Appeal No. 2018AP2065Published

1Opinion of the Court

REILLY, P.J.1

¶1 L.R.H.-J. appeals from the involuntary termination of her parental rights (TPR) to her daughter, J.N.J.-W.2 Birth mother was found unfit at the "grounds" stage of the TPR proceeding pursuant to WIS. STAT. § 48.415(9m) after the Racine County Human Services Department (the department) moved uncontested for summary judgment. Birth mother argues that § 48.415(9m), allowing summary judgment against a parent who has committed a "serious felony" against a child, is unconstitutional both facially and as applied to her and that her trial counsel was prejudicially ineffective for…

2Cases cited12 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. State v. PettitCourt of Appeals of Wisconsin · 1992
  3. State v. PitschWisconsin Supreme Court · 1985
  4. State v. WoodWisconsin Supreme Court · 2010
  5. Steven v. v. Kelley H.Wisconsin Supreme Court · 2004

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