Eau Claire County Department of Human Services v. S. E.
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The Supreme Court affirmed the decision of the court of appeals agreeing with the circuit court that the amended version of Wis. Stat. 48.415(2)(a)3 applied during Mother's termination of parental rights (TPR) proceedings, holding that there was no error.
In 2018, the legislature amended of Wis. Stat. 48.415(2)(a)3, a portion of the continuing child in need of protection of services (CHIPS) ground for the involuntary termination of parental rights. The amendment occurred during the pendency of Mother's court proceedings involving her child, who was adjudged CHIPS in 2016. During the TPR proceedings, the parties disputed whether the 2016 version of the 2018 amended version the statute should apply to Mother's case. The circuit court ruled that the amended version applied and then allowed Mother to appeal the non-final order. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the "15 out of 22 months" timeframe, as codified in the amended version of the statute, began to run when Mother received written notice accompanying the initial 2016 CHIPS order; and (2) starting the "15 out of 22 months" timeframe in 2016 did not violate Mother's due process rights.
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