Portage County v. D.A., 2021AP1683, 2021AP1685, 2021AP1686, District 4, 3/24/22 (one-judge decision; ineligible for publication); case activity (for 21AP1683) D.A. (“David”) raises various challenges to the finding his three children are in need of protection or services and to the dispositional orders. The court of appeals rejects his claims. The arguments and issues are very… Read more
C. CHIPS proceedings
State v. M.T.W., 2021AP420-FT, District 2, 8/11/21 (one-judge decision; ineligible for publication); case activity Information that goes to a witness’s character for truthfulness doesn’t meet the standard under § 48.46(1) for newly discovered evidence that warrants a new trial. At the trial in a CHIPS proceeding relating to M.T.W.’s child, a witness named Polewczynski testified… Read more
Wood County DHS v. P.R., 2020AP947, 6/24/21, District 4 (one-judge decision; ineligible for publication); case activity P.R. unsuccessfully challenges the sufficiency of the evidence for the CHIPS court’s decision to remove her daughter, K., from her home after K. alleged that P.R.’s spouse, M.R., sexually assaulted her. In a CHIPS case, a circuit court may… Read more
State v. M.A., 2019AP1089, 7/14/20, District 1 (one-judge decision; ineligible for publication); case activity M.A.’s son J.A. was the subject of several delinquency petitions; each was converted to a JIPS proceeding because J.A. was not competent. See Wis. Stat. § 938.13(14). Eventually, M.A. filed a CHIPS petition in an apparent attempt to alter the constellation… Read more
Vernon County DHS v. K.F. and M.F., 2018AP863, 9/26/2019, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) The county filed a CHIPS petition regarding K.F. and M.F.’s four children. The court appointed a guardian ad litem to represent the kids and ordered the county to pay the GAL’s fees, but additionally ordered… Read more
Fond du Lac County DSS & W.A.B. v. W.G.B. & K.L.B., 2017AP2468, 12/5/18, District 2 (one-judge decison; ineligible for publication); case activity W.A.B., a juvenile, was alleged to be delinquent for threatening her mother with a knife. She was found not competent to proceed, though, and so DSS filed a JIPS petition. See Wis. Stat… Read more
Waukesha County DHHS v. T.C.S., 2016AP1000 & 1001, 9/13/17, District 2 (one-judge decision; ineligible for publication); case activity This is a case type we rarely come across–an appeal of a guardianship arising out of a CHIPS case. (See generally Wis. Stat. § 48.977.) The circuit court awarded custody of the child at issue to his… Read more
Tamara M. Loertscher v. Eloise Anderson, et al., No. 14-cv-870-jdp (W.D. Wis. April 28, 2017) Under § 48.193, which was created by 1997 Wisconsin Act 292, a juvenile court may treat an unborn child of any gestational age as a child in need of protection or services if the “expectant mother’s habitual lack of self-control in… Read more
