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C. Ch. 55, Protective placement

Winnebago County v. M.R.R., 2018AP273, 10/3/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) M.R.R. suffered a traumatic brain injury 35 years ago; he’s diagnosed with a personality change due to the injury and unspecified personality disorder. He was found incompetent and placed in a guardianship in 2015 and a protective placement… Read More

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Marathon County v. P.X., 2017AP1497, 6/26/18, District 3, (1-judge opinion, ineligible for publication); case activity P.X. is autistic, non-verbal, intellectually and developmentally disabled and has obsessive compulsive disorder and pica. The question is whether he is capable of “rehabilitation,” which would make him a proper subject for treatment on Chapter 51. If not, then he… Read More

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Waushara County v. B.G., 2017AP956, 10/26/17, District 4 (1-judge opinion, ineligible for publication); case activity When the circuit court entered a protective services order for B.G., it did not include any conditions or labels such as “temporary” or “conditional.” It did, however, state that B.G. “does not meet the standards for protective placement.” When B.G… Read More

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Milwaukee County v. M.G.-H., 2016AP596, District 1, 11/29/16 (one-judge decision; ineligible for publication); case activity The evidence presented at a hearing on whether to continue M.G.-H.’s protective placement was sufficient to show M.G.-H. “has a primary need for residential care and custody” and “is so totally incapable of providing for his or her own care… Read More

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Milwaukee County v. C. L.-K., 2015AP2031, 5/24/2016, District 1 (one-judge decision; ineligible for publication); case activity In State ex rel. Watts v. Combined Community Services Bd. of Milwaukee County, 122 Wis. 2d 65, 84, 362 N.W.2d 104 (1985), the state supreme court held that equal protection entitles a person protectively placed under Wis. Stat. ch. 55 to “annual”… Read More

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Clark County v. S.A.G., 2015AP793, District 4, 10/8/15 (one-judge decision; ineligible for publication); case activity There was insufficient evidence for the protective placement order because the County failed to prove that S.A.G. suffers from a disability that is permanent or likely to be permanent, as required by § 55.08(1)(d). To establish that an individuals’ disability… Read More

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Sheboygan County v. Terry L.M., 2014AP2010, 4/1/15, District 2 (1-judge opinion, ineligible for publication); click here for docket The court of appeals here rejects the County’s contention that it need not prove incompetency at a Chapter 55 commitment continuation hearing, but upholds the order for continued protective placement because Terry waived any errors in the… Read More

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Sheboygan County v. Christopher A.G., 2014AP2489, District 2, 2/25/15 (one-judge decision; ineligible for publication); case activity The circuit court erred in holding a due process hearing on Christopher’s protective placement without Christopher’s physical presence and without the guardian ad litem (GAL) waiving his attendance in writing prior to the hearing as required by § 55.10(2) and Jefferson County… Read More

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