Kenosha County DHS v. S.D.F.

2021AP1567-NMWisctapp

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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
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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
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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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