SCOW to decide whether circuit court loses competency to continue protective placement when the County does not comply with statutory deadline to file petition and report for annual review.
Milwaukee County Department on Aging v. J.J., 2024AP1850, petition for review of a published court of appeals decision, granted 10/14/26; case activity
SCOW will decide whether the circuit court loses competency to continue protective placement when the County does not comply with the deadline to file a petition and report for annual review.
In a published decision (see our post here), the COA held that the time period set forth in Wis. Stat. § 55.18(1)(a) for the County to file an annual petition and report to continue a person’s protective placement was directory and not mandatory. Therefore, the circuit court did not lose competency to continue protective placement when the County did not comply with the deadline.
SCOW accepted J.J.’s petition for review to consider:
Does the circuit court lack competency to enter an order continuing an individual’s protective placement when the County failed to file a petition and report for annual review under Wis. Stat. § 55.18(1)(a) “no later than the first day of the 11th month” after the prior protective placement order?