State v. Robert K., 2005 WI 152, affirming unpublished opinion Issue: Whether a TPR court lost competency to proceed because the fact-finding hearing was held more than 45 days after the contested plea hearing, the time limit set by § 48.422(2). Holding: A continuance of the fact-finding hearing beyond the 45-day limit may properly be… Read more
A. Competency of court
Sheboygan County DSS v. Rachel B., 2005 WI 84, reversing unpublished decision IssueWhether competency challenge to a TPR proceeding is waived under § 48.422(2) if not first raised in circuit court. Holding: ¶2 We conclude such a competency challenge based on the violation of the statutory time limitation of Wis. Stat. § 48.422(2) cannot be waived, even though… Read more
