No. 19-436

T. R. C. v. Wisconsin

Lower Court: Wisconsin
Docketed: 2019-10-02
Status: Denied
Type: Paid
Response Waived
Tags: due-process familial-integrity fourteenth-amendment guardian-ad-litem parental-rights strict-scrutiny termination-of-parental-rights
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Is Wis. Stat. §48.415 unconstitutional as applied when it was used to terminate the Fourteenth Amendment fundamental right of familial integrity of a mother due to 'continuing need of protection or services' when the mother did not endanger the daughter?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is Wis. Stat. §48.415 unconstitutional as applied when it was used to terminate the Fourteenth Amendment fundamental right of familial integrity of a mother due to “continuing need of protection or services” when the mother did not endanger the daughter? 2. Does the Fourteenth Amendment require Wisconsin to protect a parent’s fundamental right of familial integrity with strict scrutiny analysis and least restrictive means throughout the termination of parental rights (TPR) case until that right is terminated? 8. Did Wisconsin fail to protect a mother’s Fourteenth Amendment fundamental right of familial integrity when the trial court told the mother that a dispositional hearing would be “a bit different” than a termination of parental rights (TPR) trial and the trial court would still consider “all of the evidence” if the mother signed a no-contest plea? 4. Was the guardian ad litem compromised beyond repair, in his role as advocate for the minor child involving her Fourteenth Amendment fundamental right of familial integrity in a termination of parental rights (TPR) case, when a search warrant was issued to seize his computer for child pornography during a “very close to reunification case?”

Docket Entries

2019-12-09
Petition DENIED.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-10-23
Waiver of right of respondent State of Wisconsin to respond filed.
2019-10-23
Waiver of right of respondent Guardin Ad Litem to respond filed.
2019-09-30
Petition for a writ of certiorari filed. (Response due November 1, 2019)

Attorneys

Guardin Ad Litem
Andrew W. BodenLegal Aid Society of Milwaukee, Respondent
State of Wisconsin
Rebecca A. KieferMIlwaukee County District Attorney, Respondent
T.R.C.
Andrew J. Shaw — Petitioner