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    Atty. Laura A. Stack  Q: Can the state terminate a mom’s right to subsequent children born within three years after terminating her rights to her firstborn – without proof of any abuse or neglect? A: No, even with a previous termination of parental rights (TPR), a court cannot find grounds for involuntary TPR unless they […]

 

 
Atty. Laura A. Stack 

Q: Can the state terminate a mom’s right to subsequent children born within three years after terminating her rights to her firstborn without proof of any abuse or neglect?

A: No, even with a previous termination of parental rights (TPR), a court cannot find grounds for involuntary TPR unless they can show that: 

1. The child has been adjudged to be a child in need of protection or services (CHIPS ) based upon having been abandoned, abused or neglected; and

2. Within the three years prior to the CHIPS adjudication, a court has ordered involuntary TPR with respect to another child. Wis. Stat. sec.  48.415(10). 

In sum, if the court ordered a involuntary termination of parental rights of a previous child, the court cannot petition for a TPR unless the subsequent child is brought into the system and adjudged CHIPS.

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