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Protective Placement

By: Derek Hawkins//November 1, 2017//

Protective Placement

By: Derek Hawkins//November 1, 2017//

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WI Court of Appeals – District IV

Case Name: Waushara County v. B.G.,

Case No.: 2017AP956

Officials: FITZPATRICK, J.

Focus: Protective Placement

B.G. appeals an order of the circuit court that granted a protective placement requested by Waushara County. B.G. contends that the County failed to comply with the statutory requirements of WIS. STAT. ch. 55 and, as a result, the circuit court lacked authority to order the protective placement. For the reasons discussed below, I agree with B.G. and reverse.

The County placed the conscientious circuit judge in an unenviable position by failing to comply with the procedures set forth in WIS. STAT. ch. 55. But, the statutory requirements that protect the due process rights of B.G. cannot be overlooked. “Although protecting people from harm is important, so is due process.” Dodge Cty. v. Ryan E.M., 2002 WI App 71, ¶11, 252 Wis. 2d 490, 642 N.W.2d 592.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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