On Point blog, page 1 of 60
COA rejects challenges to involuntary commitment and medication orders
Brown County v. M.J., 2025AP116, 8/26/25, District III (ineligible for publication); case activity
In a Chapter 51 appeal presenting familiar legal challenges, COA avoids some of the stickier legal issues on a path toward affirmance.
COA rejects challenge to protective order in TPR under forfeiture doctrine
State of Wisconsin v. S.L.L., 2024AP551, 8/26/25, District I (ineligible for publication); case activity
S.L.L. failed to preserve an objection to a protective order as to the identity of the proposed adoptive resource, leading to a quick affirmance from COA.
Defense wins: COA reverses protective placement due to insufficiency of the evidence
Wood County v. J.A.B., 2025AP220, 8/21/25, District IV (ineligible for publication); case activity
The COA reversed the circuit court’s order for protective placement because the County did not establish that J.A.B. was so totally incapable of providing for her own care as to create a substantial risk of serious harm to herself or others.
COA approves what appears to be the 20th extension of an involuntary mental commitment order despite doctor’s “concerns” about medication regimen
Racine County v. D.S. 2025AP758-FT, 8/6/25, District II (ineligible for publication); case activity
COA rejects a battery of challenges to D.S.’s involuntary commitment and medication despite sharing some of the examining physician’s “concerns” about her situation.
COA affirms order continuing protective placement
Racine County v. R.P.L., 2025AP813-FT, 7/30/25, District II (ineligible for publication); case activity
In an appeal from an annual protective placement review, R.P.L. escapes a finding of mootness but loses on the merits.
Defense win: Circuit court erred when it denied respondent’s request for fact witnesses to appear in person at ch. 51 trial
Washburn County v. L.R.Y., 2025AP272-FT, District 3, 7/22/25 (one-judge decision; ineligible for publication); case activity
“Lily” appeals an original commitment and involuntary med order, arguing that the circuit court violated her right to have the County’s fact witnesses testify in person. COA agrees that, under Wis. Stat. § 885.60(2)(d), the circuit court erred by failing to sustain Lily’s objection to the county’s fact witnesses appearing by video at the final hearing.
COA holds that protective placement may be continued based on evidence from previous hearings provided the evidence was “adjudicated.”
Pierce County v. P.C.A., 2024AP1367, 7/1/25, District III (ineligible for publication); case activity
While affirming the circuit court continuing a protective placement order under Chapter 55 after a due process hearing (known as a Watts hearing), the COA clarified that, following previous due process hearings, documentary evidence that was admitted, and testimony that was accepted by the circuit court and incorporated into its findings, may be considered at subsequent due process hearings.
COA holds that a Ch. 54 guardian does not violate statute prohibiting “isolation” from family members when restricting contact is in ward’s best interest
Kelly R. Rose v. C.R.R., 2024AP1450, 7/2/25, District II (recommended for publication); case activity
In an interesting statutory construction appeal, COA holds that “a guardian’s determination that denying contact with a family member is in the ward’s best interest is not cause for court action against a guardian.”
COA holds that trial court did not err in finding that defendant could be restored to competency
State v. T.R.T., 2025AP387-CR, 6/19/25, District IV (not recommended for publication); case activity
Although it acknowledges uncertainty as to the appropriate standard of review, COA ultimately affirms the circuit court’s order under a clearly erroneous standard.
COA rejects sufficiency challenges in 51 appeal and affirms
Waukesha County v. J.A.K., 2024AP2535, 6/25/25, District II (ineligible for publication); case activity
In yet another Chapter 51 appeal, COA rejects the usual arguments and affirms.