Juneau Cnty. Dep't of Human Servs. v. S.G.M. (In re A.M.)

2019 WI App 39, 932 N.W.2d 195, 388 Wis. 2d 258
CourtCourt of Appeals of Wisconsin
DecidedJune 6, 2019
DocketAppeal Nos. 2019AP553; 2019AP554; 2019AP555; 2019AP556
StatusPublished

This text of 2019 WI App 39 (Juneau Cnty. Dep't of Human Servs. v. S.G.M. (In re A.M.)) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Juneau Cnty. Dep't of Human Servs. v. S.G.M. (In re A.M.), 2019 WI App 39, 932 N.W.2d 195, 388 Wis. 2d 258 (Wis. Ct. App. 2019).

Opinion

FITZPATRICK, J.1

¶1 S.G.M. appeals orders of the Juneau County Circuit Court granting partial summary judgment in favor of the Juneau County Department of Human Services (the County) and orders terminating his parental rights to A.M., S.J.M., K.M., and R.M. The circuit court found S.G.M. unfit under WIS. STAT. § 48.415(4) based on the ground of continuing denial of visitation. In support of its motions for partial summary judgment, the County attached as exhibits various orders of the circuit court which revised the "Child in Need of Protection or Services" (CHIPS) dispositional orders2 in each case and suspended S.G.M.'s visitation. S.G.M. argues that the County failed to comply with the statutory requirements for summary judgment because no affidavit accompanied the revision orders which suspended visitation. Additionally, S.G.M. contends that the County is not entitled to summary judgment because the revision orders suspended visitation pursuant to WIS. STAT. § 48.355(3) and, therefore, do not satisfy the requirements of the pertinent grounds statute. See § 48.415(4)(a). Because I conclude that the County complied with summary judgment procedure and the orders suspending visitation were revision orders under WIS. STAT. § 48.363, I affirm the orders of the circuit court granting partial summary judgment in favor of the County and terminating S.G.M.'s parental rights.

BACKGROUND

¶2 The following facts are undisputed.

¶3 In June 2015, the circuit court adjudged A.M., S.J.M., K.M., and R.M. to be in need of protection or services (CHIPS) based on findings of abuse and neglect. WIS. STAT. § 48.13(3) and (10). Each child was placed outside of the home, and the circuit court prohibited unsupervised contact by S.G.M. with the children without the County's approval. Each CHIPS dispositional order identified conditions for return and provided notice concerning grounds to terminate parental rights pursuant to WIS. STAT. § 48.356(2).

¶4 In April 2017, the circuit court entered orders revising the CHIPS dispositional orders. Each multi-page revision order contained the following pertinent language: "[The court orders] [t]hat face-to-face and telephonic visitation between the ... child and ... [S.G.M.] is suspended pursuant to [ WIS. STAT. §] 48.355(3) ...." Additionally, each revision order identified conditions for return and reinstatement of visitation and provided notice concerning grounds to terminate parental rights pursuant to WIS. STAT. § 48.356(2). The revised CHIPS dispositional orders suspending visitation were not modified to permit periods of visitation and remained unmodified for a period greater than one year. See WIS. STAT. § 48.415(4)(b).

¶5 In June 2018, the County filed petitions to terminate S.G.M.'s rights to A.M., S.J.M., K.M., and R.M. In each petition, the County alleged that grounds existed for involuntary termination of S.G.M.'s parental rights under WIS. STAT. § 48.415(2), (4), (5)(b), and (6), based on continuing need of protection or services ("continuing CHIPS"), continuing denial of visitation, child abuse, and failure to assume parental responsibility, respectively. Attached to each petition was the sworn statement of a social worker "familiar with the records and files" concerning each child. The social worker stated that the circuit court had entered revised CHIPS dispositional orders suspending visitation, establishing conditions for the reinstatement of visitation, and containing the required warnings under WIS. STAT. § 48.356(2). Further, the social worker stated that the revised CHIPS dispositional orders had remained in effect without modification for more than one year. See § 48.415(4)(b). The petition did not attach copies of the revised CHIPS dispositional orders to which the social worker referred.

¶6 In November 2018, the County filed a motion for partial summary judgment based on each of the alleged grounds. The County supported the motion with affidavits and exhibits. The exhibits included copies of the revised CHIPS dispositional orders certified by the Juneau County Register in Probate to which the social worker's sworn statement in the petition had referred.

¶7 In December 2018, the circuit court determined that genuine issues of fact precluded summary judgment on the continuing CHIPS, child abuse, and failure to assume parental responsibility grounds. The circuit court granted partial summary judgment in favor of the County regarding each child and found S.G.M. unfit under WIS. STAT. § 48.415(4) based on the continuing denial of visitation ground. At a later dispositional hearing, the court terminated S.G.M.'s parental rights to A.M., S.J.M., K.M., and R.M.

¶8 S.G.M. appeals.

DISCUSSION

¶9 S.G.M. does not challenge the circuit court's discretionary determination at the dispositional phase that the best interests of each child are served by the termination of his parental rights. Instead, S.G.M. argues that partial summary judgment should not have been granted because the certified copies of the revised CHIPS dispositional orders were not attached to an affidavit. S.G.M. additionally argues that partial summary judgment should not have been granted because the revision orders suspended visitation pursuant to only WIS. STAT. § 48.355(3), and § 48.355 is not enumerated as a statutory basis to terminate parental rights in WIS. STAT. § 48.415(4)(a).

¶10 The orders of the circuit court are affirmed. I conclude that the County followed required summary judgment procedure. Further, I conclude that the revision orders suspending visitation were orders under WIS. STAT. § 48.363, a statutory basis for the termination of parental rights enumerated in WIS. STAT. § 48.415(4)(a).

I. Standard of Review and Summary Judgment Methodology.

¶11 S.G.M.'s first argument concerns whether the circuit court erred in granting summary judgment to the County because the County did not attach the certified copies of the revised CHIPS dispositional orders to an affidavit. See WIS. STAT. § 802.08(2) and (3). This court reviews a grant of summary judgment independently, applying the same methodology as the circuit court. Oneida Cty. Dep't of Soc. Servs. v. Nicole W. , 2007 WI 30, ¶8, 299 Wis. 2d 637, 728 N.W.2d 652. Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Id. ; § 802.08(2). "[S]ummary judgment may be employed in the grounds phase of a termination of parental rights proceeding when there is no genuine factual dispute that would preclude finding one or more of the statutory grounds by clear and convincing evidence." Nicole W. , 299 Wis. 2d 637, ¶14.

¶12 S.G.M. next contends that the circuit court erred in granting summary judgment because the County failed to meet its burden to show that the revision orders suspending visitation satisfied WIS. STAT. § 48.415(4)(a).

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Bluebook (online)
2019 WI App 39, 932 N.W.2d 195, 388 Wis. 2d 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juneau-cnty-dept-of-human-servs-v-sgm-in-re-am-wisctapp-2019.