Sheboygan County Department of Health & Human Services v. Tanya M.B.

2010 WI 55, 785 N.W.2d 369, 325 Wis. 2d 524, 2010 Wisc. LEXIS 48
CourtWisconsin Supreme Court
DecidedJune 29, 2010
DocketNos. 2008AP3065, 2008AP3066, 2008AP3067, 2009AP136, 2009AP137 & 2009AP138
StatusPublished
Cited by20 cases

This text of 2010 WI 55 (Sheboygan County Department of Health & Human Services v. Tanya M.B.) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sheboygan County Department of Health & Human Services v. Tanya M.B., 2010 WI 55, 785 N.W.2d 369, 325 Wis. 2d 524, 2010 Wisc. LEXIS 48 (Wis. 2010).

Opinions

PATIENCE DRAKE ROGGENSACK, J.

¶ 1. We review a decision of the court of appeals1 reversing the circuit court's decision2 denying Tanya M.B. (Tanya) and William S.L.'s (William) (collectively, parents) post-[530]*530verdict motion to dismiss the termination of parental rights petitions. There are two issues presented for our review: (1) Whether the dispositional orders contained "specific services" that are "to be provided to the child and family" as required by Wis. Stat. § 48.355(2)(b)1. (2003-04) or by § 48.355(2)(b)1. (2007-08);3 and (2) whether the Department met its burden at trial of proving that the Department "ma[d]e a reasonable effort to provide the services ordered by the court." We decline to decide whether the 2003-04 or the 2007-08 version of § 48.355(2)(b)1. governs this case because we conclude that under either version of the statute, the dispositional orders are sufficient. The specific services are found in the orders' directions to the Sheboygan County Department of Health and Human Services (Department) to provide supervision, services and case management to the children and family coupled with the orders' detailed conditions that Tanya and William must meet for the children's return to them. Those detailed conditions implicitly required the Department to provide services necessary to assist the parents in meeting the court ordered conditions for the return of their children. We further conclude that the Department proved by clear and convincing evidence that it "ma[d]e a reasonable effort to provide the services ordered by the court."

I. BACKGROUND

¶ 2. On February 5, 2004, Tanya overdosed on heroin while her three children, Elijah W.L. (Elijah), Emily M.B. (Emily) and Irie A.L. (Irie) (collectively, the children), were in the car with her. The police were [531]*531contacted and Tanya was revived. William was not present; he was incarcerated at that time.

¶ 3. As a result of Tanya's overdose and William's incarceration, the Department filed a petition alleging Elijah, Emily and Irie were children in need of protection or services (CHIPS). On March 25, 2004, a disposition hearing was held and the circuit court found all three children in need of protection or services on the grounds of parental neglect pursuant to Wis. Stat. § 48.13(10). The court entered a one-year dispositional order4 for each of the three children placing them under the supervision of the Department. Under the original dispositional orders, the children remained in the home with Tanya and William, who lived with Tanya's mother, Connie. The dispositional orders were amended on December 17, 2004, to place the children out of the home, but with Connie, because both William and Tanya were incarcerated.

¶ 4. The dispositional orders set forth the detailed conditions to be met by Tanya and William for return of their children. The conditions were separated into three categories and the specific conditions pertaining to each category were listed under the heading "Explanation of Provision."

¶ 5. The first category of the conditions of return is "Alcohol and other drug." Such conditions were as follows:

Tanya B[.] and William L[.] will complete any recommended alcohol or drug abuse programs[,] ... [532]*532attend an A[lcohol and] 0[ther] D[rug] Assessment] ... if it is scheduled and they will meet with the [social] worker to talk about the report when the evaluation is finished. Tanya and William will not use any illegal drugs and they will stay away from people who use drugs. Tanya and William will not use any drugs or allow others to use drugs in their home or [where] their children are present. Tanya and William will cooperate with the treatment program and they will stay in any programs until they are discharged. Tanya and William will provide a urine, breath, blood, saliva, or hair follicle sample for drug or alcohol test if they are asked to do so by their [social] worker. Tanya and William will understand that if they do not give a sample when asked to, their [social] worker and the Court will assume that they have used illegal drugs.

The second category is "Counseling." The conditions of return in this category were as follows:

Tanya B[.] and William L[.] will complete a Psychological and/or a Psychosocial Evaluation if recommended by the social worker. Tanya and William will go to any treatment and/or counseling programs that may be recommended.
Tanya B[.] and William L[.] will complete any programs recommended by their [social] worker. Tanya and William will attend individual or family counseling and they will stay in the program until they have completed the program.

The third category is "Other." The conditions of return in this category were as follows:

Tanya B[.] and William L[.] will stay in touch and cooperate with their [social] worker[,]... will meet with the [social] worker when asked, allow the [social] worker into the home, with or without notice, and inform the [social] worker of any address or telephone number changes[,] ... will sign all necessary Releases [533]*533of Information and cooperate with their [social] worker to arrange any treatment programs that are required[, and] will be available to their [social] worker to make any necessary appointments and they will give their worker copies of any papers, which will show that they have completed or participated in programs.
Tanya B[.] and William L[.] will provide their children with a safe, suitable, and stable home.
Tanya B[.] will resolve all criminal charges and cooperate with her probation or parole officer.
Tanya B[.] and William L[.] will show that they can care for and control their children and that they understand their children's needs. Tanya and William will go to any parenting or nurturing program set up by the [social] worker and attend any community-based programs recommended by their [social] worker. Tanya and William will stay in any programs until they have completed them. Tanya and William will have appropriate child care for their children in their absence. Tanya and William will demonstrate the ability to use the skills in the programs that have been provided to them.

¶ 6. The dispositional orders were amended on November 29, 2004, to include two additional conditions of return as a result of both parents being incarcerated. The new conditions were as follows:

1. William L[.] and Tanya B[.] shall independently establish and maintain an appropriate residence for themselves and their children upon release from prison and maintain that residence for a minimum of six months prior to the return of the children.
2. William L[.] and Tanya B[.] shall obtain and maintain full-time employment upon release from prison for a minimum of six months prior to the return of the children.

[534]*534¶ 7.

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Cite This Page — Counsel Stack

Bluebook (online)
2010 WI 55, 785 N.W.2d 369, 325 Wis. 2d 524, 2010 Wisc. LEXIS 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheboygan-county-department-of-health-human-services-v-tanya-mb-wis-2010.