On Point blog, page 2 of 2
Competency of Court and Time Limit, § 48.422(2) — Continuance Beyond Time Limit for Fact-Finding Hearing – Factors
State v. Robert K., 2005 WI 152, affirming unpublished opinion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 granted under § 48.315(2), as to which good cause was established on this record,
Competency of Court and Time Limit, § 48.422(2)
Sheboygan County DSS v. Rachel B., 2005 WI 84, reversing unpublished decision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 it was not raised in the circuit court.