Who carries the burden?

The dispositional phase of a termination of parental rights (TPR) proceeding is often a defining moment in the life of a family, when the court must decide whether to sever the legal relationship between a parent and their child. But what is the standard of proof at this critical juncture, and who bears it? 

In State v. H.C., the Wisconsin Supreme Court tackled that very question. Termination of Parental Rights: Burden of Proof at Disposition takes a close look at the 2025 decision, unpacks its practical implications, and helps attorneys understand what it means for current and future TPR cases. 

Through an in-depth review of statutory guidance, recent precedent, and strategic considerations, you’ll explore:

• What the Wisconsin Supreme Court held (and what it didn’t) in State v. H.C.
• Which party, if any, bears the burden of proof at the dispositional phase
• How the bifurcated TPR process shifts the focus from parental fitness to child-centered outcomes
• What the court must consider when exercising discretion under Wis. Stat. §48.426
• How this ruling impacts the roles of petitioners, guardians ad litem (GALs), and defense counsel going forward

Termination of Parental Rights: Burden of Proof at Disposition gives you the context and knowledge to handle this nuanced stage of TPR proceedings skillfully. 

Who carries the burden?

The dispositional phase of a termination of parental rights (TPR) proceeding is often a defining moment in the life of a family, when the court must decide whether to sever the legal relationship between a parent and their child. But what is the standard of proof at this critical juncture, and who bears it? 

In State v. H.C., the Wisconsin Supreme Court tackled that very question. Termination of Parental Rights: Burden of Proof at Disposition takes a close look at the 2025 decision, unpacks its practical implications, and helps attorneys understand what it means for current and future TPR cases.