Brown County v. J.J., 2021AP1079, District 3, 3/7/23 (one-judge decision; ineligible for publication); case activity Before an Indian child subject to a CHIPS proceeding is placed out of the home of his or her parent or Indian guardian, § 48.028(4)(d)2. and the federal Indian Child Welfare Act (ICWA) both require, among other things, proof by… Read more
26. Juvenile proceedings
R.G. v. S.P., 2022AP1876, District 4, 02/16/2023 (one judge opinion; ineligible for publication); case activity R.G. filed a petition to voluntarily terminate his parental rights to a non-marital child that he had not seen in over seven years. The circuit court dismissed his petition for lack of jurisdiction. R.G. pursued an appeal pro se, arguing… Read more
State v. C.W.P., 2022AP1240 & 2022AP1317, District 2, 12/14/22 (one-judge decision; ineligible for publication); case activity (2022AP1240; 2022AP1317) The state filed two juvenile delinquency petitions regarding C.W.P. and petitioned for waiver of juvenile jurisdiction in both cases. The circuit court held joint waiver hearings after which it granted waiver. The court of appeals rejects C.W.P.’s… Read more
Be sure to check out today’s Inside Track article “We Need to Recognize the Implicit Bias in Wisconsin’s Youth Justice System” by ASPD Alaina K. Fahley. Black and White youths engage in delinquent behaviors at similar rates. But while Black youth constitute only 11.2% of the Wisconsin youth population, they make up almost 25% of… Read more
State v. X.B.A.-S., 2022AP944-946, 11/29/22, District 1, (1-judge opinion; ineligible for publication); case activity When a circuit court finds a juvenile not competent to proceed in a delinquency proceeding but likely to regain, may it “counsel and close” the related JIPS cases per §938.34(1)? Or must it enter dispositional orders requiring periodic reexaminations of the… Read more
State v. K.J.P., 2022AP807, District 2, 11/2/22 (one-judge decision; ineligible for publication); case activity The court of appeals rejects K.J.P.’s arguments that the circuit court erred in deciding to waive juvenile court jurisdiction and allow him to be prosecuted in adult court. The state filed a delinquency petition charging K.J.P. with kidnapping, armed carjacking, armed robbery… Read more
State v. M.N., Jr., 2022AP855, District 1, 11/1/22 (one-judge decision; ineligible for publication); case activity The circuit court decided to waive M.N. (“Max”) into adult court based in part on the belief that any juvenile court supervision and services would end when M.N. turned 18 in 6 months. (¶8). But as the state concedes, juvenile… Read more
State v. B.S.S., 2021AP2174, District 2, 10/12/22 (one-judge decision; ineligible for publication); case activity B.S.S. was adjudicated delinquent for sexual assault. She anticipated filing a motion to stay the sex offender registration requirement, see § 938.34(15m)(c) and State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1, so she asked the court… Read more
