MONROE COUNTY DHS v. KELLI B.

Nos. 03-0060 through 03-0062.

271 Wis.2d 51 (2004)

2004 WI 48

678 N.W.2d 831

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-Petitioner, 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-Petitioner, 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-Petitioner, v. KELLI B., Respondent-Appellant.

Supreme Court of Wisconsin.

Decided April 28, 2004.


Attorney(s) appearing for the Case

For the petitioner-respondent-petitioner there were briefs by Kerry Sullivan-Flock, corporation counsel, and Ellen M. Thorn, guardian ad litem, and Arndt, Buswell & Thorn, S.C., Sparta, and oral argument by Ellen M. Thorn.

For the respondent-appellant there were briefs and oral argument by Timothy Provis, Madison.

A joint amicus curiae brief was filed by Cynthia L. Buchko, and Whyte Hirschboeck Dudek S.C., Madison, on behalf of Wisconsin Coalition Against Domestic Violence; Eva Shiffrin, Madison, on behalf of Wisconsin Coalition Against Sexual Assault; and Carol Medaris, Madison, on behalf of Wisconsin Council on Children and Families.

An amicus curiae brief was filed by Sandra L. Nowack, assistant attorney general, and Peggy A. Lautenschlager, attorney general, on behalf of the Wisconsin Department of Justice.


¶ 1. ANN WALSH BRADLEY, J.

The Monroe County Department of Human Services ("County") seeks review of a published court of appeals' decision that reversed the orders of the circuit court terminating Kelli B.'s parental rights to her three sons.1 The County contends that the court of appeals erred in holding that Wis. Stat. § 48.415(7) (2001-02) could not constitutionally be applied to...

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