01-2325 In the Interests of Gregory R.S. et al. v. Gregory L.S.

Listen to this article

“As a general rule, it is the Committee’s opinion that the intent and purpose of the Children’s Code are best served by addressing the jurisdictional issue as of the date of removal of the child or the filing of the petition. In particular, the best interests of the child are not served by permitting the child to waffle in and out of the jurisdictional status. Changes or improvements subsequent to court intervention can and should be considered by the court in determining the appropriate dispositional order. …

“In summary, we conclude that pursuant to Wis. Stat. § 48.31(2), it is the circuit court’s responsibility to determine whether the children were in need of protection or services that the court could order on the date the petition was filed. Here, it was undisputed that as of the date the petitions were filed, the children were in need of out-of-home placement and their mother required counseling and mental health and substance abuse assessments. Accordingly, the circuit court did not err when it concluded that summary judgment in the State’s favor was appropriate. …

“In this case, the court ordered that the children be placed with Gregory and that the department provide the family with a variety of services. If, as Gregory asserts, the children have no future need for protection or services that the court can order, then the court can make the appropriate amendments to the dispositional orders and, ultimately, allow the orders to expire. Although we understand Gregory’s frustration with having to comply with dispositional orders entered because his ex-wife neglected the children, the best interests of the children remain our paramount concern. There is no dispute that they were seriously endangered and that, at a minimum, Michelle needs assistance parenting the children in the future. The dispositional orders provide for that assistance.”

Orders affirmed.

Recommended for publication in the official reports.

Dist III, Brown County, McKay, J., Cane, C.J.

Attorneys:

For Appellant: Leonard W. Schulz, Big Bend

For Respondent: Mary M. Kerrigan-Mares, Green Bay