2021AP1567-NM•Kenosha County DHS v. S.D.F.
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OFFICE OF THE CLERK WISCONSIN COURT OF APPEALS 110 EAST MAIN STREET, SUITE 215 P.O. BOX 1688 MADISON, WISCONSIN 53701-1688 Telephone (608) 266-1880 TTY: (800) 947-3529 Facsimile (608) 267-0640 Web Site: www.wicourts.gov DISTRICT II November 3, 2021 To: Hon. Chad G. Kerkman Circuit Court Judge Electronic Notice Rebecca Matoska-Mentink Juvenile Clerk Kenosha County Electronic Notice Suzanne L. Hagopian Assistant State Public Defender P.O. Box 7862 Madison, WI 53707-7862 Kelsey Jarecki Morin Loshaw Electronic Notice Erica Reinke Electronic Notice Lisa R. Bouterse 5316 31st Ave. Kenosha, WI 53144-2807 You are hereby notified that the Court has entered the following opinion and order: 2021AP1567-NM Kenosha County DHS v. S.D.F. (L.C. #2020TP28) Before Neubauer, J.1 Summary disposition orders may not be cited in any court of this state as precedent or authority, except for the limited purposes specified in WIS. STAT. RULE 809.23(3). S.D.F. appeals from an order terminating her parental rights to her daughter, A.D.M.F.-C. S.D.F.’s appellate counsel filed a no-merit report pursuant to WIS. STAT. RULES 809.107(5m) and 809.32. S.D.F. received a copy of the report, was advised of her right to file a response, and has 1 This appeal is decided by one judge pursuant to WIS. STAT. § 752.31(2)(e) (2019-20). All references to the Wisconsin Statutes are to the 2019-20 version unless otherwise noted.
No. 2021AP1567-NM 2 elected not to do so. After reviewing the record and counsel’s report, we conclude that there are no issues with arguable merit for appeal. Therefore, we summarily affirm the order. WIS. STAT. RULE 809.21. A.D.M.F.-C was taken into protective custody shortly after her birth in May 2018 due to neglect. She was subsequently found to be a child in need of protection or services. In May 2020, the State petitioned to terminate S.D.F.’s parental rights, alleging that she had failed to assume parental responsibility and that A.D.M.F.-C was a child in continuing need of protection or services. Ultimately, S.D.F. voluntarily consented to the termination. After a dispositional hearing, the court terminated her parental rights. This no-merit appeal follows. The no-merit report addresses potential issues of (1) whether S.D.F.’s consent to termination was voluntary and informed and (2) whether the circuit court properly exercised its discretion in determining that termination was in the best interest of A.D.M.F.-C. This court is satisfied that the no-merit report correctly analyzes the issues it raises as without merit, and this court will not discuss them further. Our independent review of the record does not disclose any other potentially meritorious issue for appeal. Because we conclude that there would be no arguable merit to any issue that could be raised on appeal, we accept the no-merit report and relieve Attorneys Kelsey Jarecki Morin Loshaw and Suzanne L. Hagopian of further representation in this matter. Upon the foregoing reasons, IT IS ORDERED that the order terminating S.D.F.’s parental rights is summarily affirmed pursuant to WIS. STAT. RULE 809.21.
No. 2021AP1567-NM 3 IT IS FURTHER ORDERED that Attorneys Kelsey Jarecki Morin Loshaw and Suzanne L. Hagopian are relieved of further representation of S.D.F. in this matter. See WIS. STAT. RULE 809.32(3). IT IS FURTHER ORDERED that this summary disposition order will not be published. Sheila T. Reiff Clerk of Court of Appeals
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