794 N.W.2d 800
Wis. Ct. App.2011Background
- Jennifer B.'s parental rights were terminated under Wis. Stat. § 48.415(1)(a)2 (three-month abandonment) based on a CHIPS order placing Cordell outside Jennifer's home.
- The CHIPS order placed Cordell in the Dane County home of his father and stepmother and included notice of possible termination grounds.
- A separate custody/placement dispute in January 2009 directed that the father have primary placement, with Cordell already placed with the father under CHIPS.
- The CHIPS order was terminated in March 2009, before the three-month abandonment period concluded.
- The asserted three-month abandonment period ran from February 21, 2009, to June 2009, ending after the CHIPS placement ended by about ten weeks; trial court found abandonment proven and Jennifer appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether three-month abandonment must fall within CHIPS placement duration | Jennifer contends the three-month period must fully fall within the CHIPS-based placement. | Heather contends notice in the CHIPS order suffices regardless of CHIPS duration. | Yes; the three-month period must fall within CHIPS placement duration. |
Key Cases Cited
- Rhonda R.D. v. Franklin R.D., 191 Wis. 2d 680 (Ct. App. 1995) (applies six-month abandonment to CHIPS-like contexts)
- K.K. v. Rock County DSS, 162 Wis. 2d 431 (Ct. App. 1991) (addressed CHIPS notice when subsequent CHIPS orders varied)
- Donaldson v. Town of Spring Valley, 311 Wis. 2d 223 (Wis. App. 2008) (statutory interpretation framework for Wisconsin statutes)