(DOWNLOAD) "In Re Termination of Parental Rights To Abreanna S." by State of Wisconsin in Court of Appeals District II * eBook PDF Kindle ePub Free
eBook details
- Title: In Re Termination of Parental Rights To Abreanna S.
- Author : State of Wisconsin in Court of Appeals District II
- Release Date : January 05, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
1 Tracey D.R. appeals a circuit court ruling terminating his parental rights to his daughter, contending that the court had lost competency to proceed by the time of his dispositional hearing. He claims that his hearing was subject to WIS. STAT.48.424(4), which provides that if during a fact-finding hearing, the trier of fact finds grounds for termination of parental rights, the court must hold a dispositional hearing within forty-five days. We disagree. The circuit courts competency is not generally subject to time limits, and this court will not impose them where the legislature has not acted. Traceys case presents a unique factual situation. The circuit court held a dispositional hearing, and this court remanded for a new hearing. Because 48.424(4) does not contemplate situations in which the circuit court has held fact-finding and dispositional hearings prior to appeal and a remand results in an additional dispositional hearing, we hold that this second hearing was not subject to the statutes mandatory time limit. We affirm the circuit courts ruling.