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