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    February 03, 2022

    Wisconsin

    ABUSE

    SPIRITUAL TREATMENT

    State v. Neumann, 832 N.W.2d 560 (Wis. 2013). Clause in criminal child abuse statute that created exception for parents treating their children through prayer did not prevent prosecution for reckless homicide because homicide statute had a requirement of knowledge of the risks that  distinguished it and reduced vagueness for constitutional purposes. FULL SUMMARY


    DELINQUENCY

    EDUCATIONAL PLAN

    Madison Metro. Sch. Dist. v. Circuit Ct. for Dane County, 800 N.W.2d 442 (Wis. 2011). In case involving a delinquent youth expelled for attempting to distribute marijuana, the circuit court did not have the authority to order the school district to provide an alternative educational plan because the minor had been lawfully expelled. While the court has statutory authority to order a delinquent to attend an educational program, that does not create a duty for the school district to provide a program.

    SURROGACY

    CONTRACTS

    In re F.T.R., 833 N.W.2d 634 (Wis. 2013). Where couples knowingly entered into a surrogacy agreement, trial court could consider it in making custody determination and enforce it provided it was not contrary to the child’s best interests, but court could not enforce clause to force birth mother to voluntarily relinquish rights. Enforcement of such agreements promoted stability for children and thus tended to support their best interests. FULL SUMMARY

    TERMINATION OF PARENTAL RIGHTS

    DEFAULT

    In re Isaiah H., 828 N.W.2d 198 (Wis. 2013). Circuit court erred in entering default judgment terminating mother’s parental rights when she arrived late for court but where her attorney was present and claimed to have evidence to counter the abandonment allegation but the court prevented her calling witnesses. Court must hold a fact finding hearing and determine the allegation is supported by clear and convincing evidence before entering a default judgment.

    FAILURE TO COMPLY

    In re Nadia H., 798 N.W.2d 321 (Wis. Ct. App. 2011). In termination of parental rights hearing, circuit court properly found mother did not comply with case plan where she repeatedly failed drug screens; mother’s claim that submitting to drug screens was the only plan requirement and that plan did not require her to abstain from illegal drug use was misplaced as record clearly reflected court considered drug use a safety concern.