On Point: C. CHIPS proceedings

Waukesha County v. C.M.M., 2022AP2081, District 2, 7/19/23 (one-judge decision; ineligible for publication); case activity

C.M.M. (“Charles”) challenges a revised CHIPS dispositional order that eliminated visits between Charles and his son, A.M.M. Charles’ claim on appeal is that the circuit court erred by (1) substituting a “Criminal Division Judge” instead of a “Juvenile Division Judge” and (2) doing so without following the proper procedure. The court of appeals sees no errors and affirms.

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 clear and convincing evidence that “active efforts, as described in [§ 48.028(4)](g) 1., have been made to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian child’s family and that those efforts have proved unsuccessful.” The court finds the County proved it made “active efforts” in this case.

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.

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.

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.

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 of services available to J.A. The state fought the petition and lost, and continued its fight on appeal. Per the court, though the state alleges five different errors, they all generally boil down to the same argument–that M.A. didn’t identify any particular services a CHIPS finding would provide that were not already available to her. The court rejects all five flavors of the state’s complaint and affirms the circuit court’s grant of the petition.

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 that the parents reimburse the county.

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. § 938.13(14). That petition resulted in an order placing W.A.B. outside the home, to have contact with her sister only when the family’s counselor thought it appropriate.

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 paternal grandparents; this is the mother’s appeal.

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 the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, [poses] a substantial risk” of harm to the unborn child. A federal judge has ruled the statute is void for vagueness.