M.P. v. Dane County Department of Human Services

488 N.W.2d 133, 170 Wis. 2d 313, 1992 Wisc. App. LEXIS 535, 1992 WL 209738
CourtCourt of Appeals of Wisconsin
DecidedJuly 30, 1992
Docket91-1918
StatusPublished
Cited by10 cases

This text of 488 N.W.2d 133 (M.P. v. Dane County Department of Human Services) 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
M.P. v. Dane County Department of Human Services, 488 N.W.2d 133, 170 Wis. 2d 313, 1992 Wisc. App. LEXIS 535, 1992 WL 209738 (Wis. Ct. App. 1992).

Opinions

[317]*317EICH, C.J.

M.P., a minor, appeals from a judgment,1 entered after trial to a jury, terminating her parental rights to her child, D.P. We affirm.

Dane County instituted the proceedings on grounds that M.P. had failed to meet the conditions imposed by an order in earlier proceedings adjudging D.P. to be in need of protection or services (CHIPS) and placing him outside M.P.'s home. Prior to trial, M.P. moved to dismiss the county's petition on grounds that the judge in the earlier CHIPS proceedings failed to give the oral and written notices or "warnings" she says are required by secs. 48.415 and 48.356, Stats., as a precondition to termination of parental rights on CHIPS grounds.2

The trial court determined that proof of both the oral and written notifications are required by sec. 48.415(2)(a), Stats., in order for the termination hearings to proceed on CHIPS grounds and decided that neither notification met the requirements of sec. 48.356, [318]*318Stats. The court denied M.P.'s motion to dismiss, however, after concluding that, in the absence of a court ruling to the contrary, the prior CHIPS orders must be presumed valid and thus could serve as the basis for termination. As indicated, the proceedings eventually resulted in an order terminating M.P.'s parental rights.

M.P. argues that the trial court erred when it: (1) denied her motion to dismiss the petition; (2) granted a motion to limit evidence filed by the child's guardian ad litem; (3) misinstructed the jury on the county's obligation to make "diligent efforts" to provide the services outlined in the CHIPS order before commencing proceedings to terminate parental rights; (4) denied her motion to excuse a juror for cause; and (5) allowed the jury access to the earlier CHIPS orders during its deliberations.

The county cross-appeals, challenging the trial court's ruling that the CHIPS warnings were inadequate.

We affirm the trial court's order, but for slightly different reasons. We conclude first, contrary to the trial court's ruling, that the CHIPS judge's written order contained the notification required by sec. 48.356(2), Stats. We also conclude, again contrary to the trial court, that sec. 48.415(2), Stats., does not require proof in subsequent termination proceedings that oral notice under sec. 48.356(1) was given to the parents in addition to the notice contained in the written CHIPS dispositional . order. As a result, M.P.'s motion to dismiss was properly denied. We also conclude that the trial court did not err or exceed its discretion with respect to any of the other points raised by M.P.

[319]*319FACTS

The basic facts are not in dispute. M.P.'s child, D.P., was adjudged to be in need of protection or services on October 6,1988, and was temporarily placed with his maternal grandmother. Orders extending that placement were entered in October, 1989, and October, 1990.

On June 14,1990, Dane County petitioned the court to terminate M.P.'s parental rights on grounds that she had failed to meet the conditions set forth in the CHIPS orders as necessary for D.P.'s return to her home. M.P. moved to dismiss the petition, claiming that the notices required by secs. 48.356(2) and 48.415(2)(a), Stats., as a condition for termination of parental rights on CHIPS grounds were not properly given and that as a result, the trial court lacked jurisdiction to act on the county's termination petition.

Termination of parental rights on CHIPS grounds under sec. 48.415(2), Stats., is based on the child's having been placed outside the family home after being adjudged in need of protection or services, the parent's failure to meet the conditions established in the CHIPS order for the child's return — despite "diligent efforts" by the involved social services agency — and, the likelihood that that inability will continue into the future.3 Section [320]*32048.415(2)(a), Stats., requires as an additional element of proof in the termination proceedings that "one or more" of the CHIPs orders "contain [ ] the notice required by s. 48.356(2)."

As we have noted above, when the CHIPS judge determines that the child is in need of protection or services and out-of-home placement, sec. 48.356(1), Stats., requires the judge to "orally inform" the parent or parents who appear in court of any grounds for termination of their parental rights which "may be applicable," and of the conditions set by the court as necessary for the child's return to the parental home. Section 48.356(2) then states: "In addition to the notice required under [sec. 48.356](1), any written order which places a child outside the home . . . shall notify the parent or parents of the information specified under sub. (1)."

The trial court ruled that the October, 1988, CHIPS order did not contain the required notice, and that the CHIPS judge's oral "warning" to M.P. was similarly inadequate. The court denied the motion to dismiss the petition, however. It concluded that because the order had never been appealed, it was presumptively valid and thus could stand as a basis for the termination proceedings.

The case went to trial and the jury found that the Dane County Department of Social Services had made a diligent effort to provide the services ordered in the CHIPS dispositional order and, further, that M.P. had neglected, refused or been unable to meet the conditions for D.P.'s return and that there was a substantial likeli[321]*321hood that M.P. will not be able to meet those conditions in the future. The court entered judgment on the verdict terminating M.P.'s parental rights and the appeal and cross-appeal followed.

Because the adequacy of the notice given to M.P. in the CHIPS proceeding is central to the parties' dispute, we consider that issue first.

I. ADEQUACY OF THE NOTICE

A. The Written Order

The October 6, 1988, CHIPS order stated in detail the conditions necessitating D.P.'s removal from M.P.'s home and the conditions she was required to meet in order to secure the child's return. In general, the "removal conditions" emphasized M.P.'s emotional and behavioral problems, her aggressive personality and her serious parenting failures — in particular, her lack of responsiveness to D.P.'s medical needs and, in general, an overall lack of parental knowledge and skills and a failure to provide adequate care for D.P. The "return conditions" were that M.P. undergo treatment and counseling relating to aggression and receive comprehensive training in parenting. She was also directed to become involved in D.P.'s medical care.

Paragraph 11 of the order states:

That [M.P.] was warned by the court orally pursuant to sec. 48.356 [(2)], Wis. Stats., that grounds exist for termination of her parental rights under sec. 48.415, Wis. Stats. Specific grounds that may apply include abandonment under sec. 48.415(1) and continuing need of protection or services under sec. 48.415(2) of the statutes. A copy of the statute is annexed to th[is] order. [M.P.] was further warned by provision in court of a copy of the termination statutes to her and [322]*322incoiporation of the statutes by attachment to this order.

At the foot of the order, the following appears:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. M. G.
Court of Appeals of Wisconsin, 2026
State v. David A. Schultz
Court of Appeals of Wisconsin, 2024
Brown County Department of Human Services v. J. V.
Court of Appeals of Wisconsin, 2022
Dane County DHS v. J. R.
2020 WI App 5 (Court of Appeals of Wisconsin, 2019)
In Re Artavia B.
731 N.W.2d 360 (Court of Appeals of Wisconsin, 2007)
Dane County Department of Human Services v. Dyanne M.
2007 WI App 129 (Court of Appeals of Wisconsin, 2007)
In re Antony B.
735 A.2d 893 (Connecticut Appellate Court, 1999)
State v. Raymond C.
522 N.W.2d 243 (Court of Appeals of Wisconsin, 1994)
Nelson v. Taff
499 N.W.2d 685 (Court of Appeals of Wisconsin, 1993)
M.P. v. Dane County Department of Human Services
488 N.W.2d 133 (Court of Appeals of Wisconsin, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
488 N.W.2d 133, 170 Wis. 2d 313, 1992 Wisc. App. LEXIS 535, 1992 WL 209738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mp-v-dane-county-department-of-human-services-wisctapp-1992.