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Grounds — Denial of Physical Placement: § 48.356(2) Warnings in Underlying Order Unnecessary

Kimberly S.S. v. Sebastian X.L., 2004 WI App 83

Issue: Whether § 48.415(4) requires proof that an underlying family court order denying physical placement contained the warnings required by § 48.356(2).

Holding:

¶7. The plain language of Wis. Stat. § 48.415(4) requires proof that the notices in Wis. Stat. § 48.356(2) were provided only when the underlying order was issued in juvenile court. We agree with Kimberly that the first usage of “or” in § 48.415(4)(a) separates the paragraph into two self-contained clauses, one pertaining to family court orders and the other applicable to juvenile court orders. Thus, we read the notice requirement provision to be a part of the clause pertaining to juvenile court orders, and as inapplicable to the clause pertaining to family court orders. …

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