Case Law Development: TPR may be based on default judgment in TPR of other child

The Wisconsin Court of Appeals affirmed partial summary judgment in a termination of parental rights case in which the grounds for termination was that Mother’s rights to another child were involuntarily terminated within the prior three years.  The court rejected Mother’s argument that, because the prior termination was by default, it should not provide a basis for a second TPR, or – at least – that the state should be required to prove that there was sufficient evidence in the first proceedings for termination.  The court rejected both arguments, noting that the statute only requires that the first termination be “involuntary” not “contested.”  Requiring the court in the second termination to review the sufficiency of the evidence in the first proceeding would simply open that proceeding to collateral attack.

In re Brianca M.W., 2006 Wisc. App. LEXIS 111 (February 7, 2006)(BGF)