Eau Claire County Department of Human Services v. S. E.

Summary

The Wisconsin Supreme Court affirmed a decision concerning the termination of S.E.'s parental rights to T.L.E.-C. The court held that the statutory 15-of-22-month timeframe for the continuing CHIPS ground began when S.E. received written notice with the initial 2016 CHIPS order, despite a later statutory amendment. The court also held that applying the timeframe beginning in 2016 did not violate S.E.'s due process rights.

Holdings

1. The 15-of-22-month timeframe under the 2018 version of Wisconsin Statutes section 48.415(2)(a)3 began when S. E. received written termination warnings accompanying the initial 2016 CHIPS order.
2. Applying the 2018 version of section 48.415(2)(a)3 to S. E.'s proceeding was not an impermissible retroactive application.
3. Beginning the 15-of-22-month timeframe in 2016 and applying the amended continuing-CHIPS statute did not violate S. E.'s due process rights.

Questions Presented

1. Whether the 15-of-22-month timeframe in the 2018 version of Wisconsin Statutes section 48.415(2)(a)3 began when S. E. received written notice accompanying the initial 2016 CHIPS order or only after she received notice of the amended statute.
2. Whether applying the 2018 version of section 48.415(2)(a)3 to begin the 15-of-22-month timeframe in 2016 constituted impermissible retroactive legislation.
3. Whether applying the amended statute without earlier notice violated S. E.'s due process rights.

Disposition

affirmed