D.L.S. v. Children's Service Society

This is a review of an unpublished decision of the court of appeals filed September 21, 1982, affirming two orders of the circuit court for Brown county, John C. Jaekels, Circuit Judge. 1 The circuit court, on petition of T.M.F., ordered termination of T.M.F.'s parental rights to her infant son, D.L.S., on concluding that T.M.F.'s consent to the termination was voluntary and informed. Sec. 48.41, Stats. 1979-80. 2 Subsequently the circuit court entered an order denying T.M.F.'s motion for rehearing on the termination order, finding that no new evidence warranted a rehearing. Sec. 48.46, Stats. 1981-82. 3 The issue on appeal is whether the circuit court erred in concluding that T.M.F.'s consent to the termination of her parental rights was voluntary and informed. The court of appeals affirmed the orders of the circuit court. We reverse the court of appeals because we conclude that the proceedings before the circuit court were inadequate and the circuit court did not have sufficient information upon which to base its Conclusion. We remand the matter to the circuit court to permit T.M.F. to withdraw her petition.