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MONROE COUNTY DHS v. KELLI B.

Nos. 03-0060, 03-0061 and 03-0062.

263 Wis.2d 413 (2003)

2003 WI App 88

662 N.W.2d 360

IN RE the TERMINATION OF PARENTAL RIGHTS TO ZACHARY B., a Person Under the Age of 18: MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. KELLI B., Respondent-Appellant. IN RE the TERMINATION OF PARENTAL RIGHTS TO NATHANIEL B., a Person Under the Age of 18: MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. KELLI B., Respondent-Appellant. IN RE the TERMINATION OF PARENTAL RIGHTS TO MICHAEL B., a Person Under the Age of 18: MONROE COUNTY DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. KELLI B., Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided March 27, 2003.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Tim Provis, Madison.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Kerry Sullivan-Flock, Monroe County Corporation Counsel, Monroe.

Before Vergeront, P.J., Roggensack and Deininger, JJ.

¶ 1. VERGERONT, P.J.

Kelli B appeals the order terminating her parental rights to her three sons, contending that the ground of incestuous parenthood, WIS. STAT. § 48.415(7) (2001-02),1 is unconstitutional as applied to her because she was the victim of her father's incestuous relationship with her. We conclude that the application of § 48.415(7) to Kelli violates her right to substantive due process. We therefore reverse...

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