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01-2722 In the Interest of Kyle R.: State v. Kevin R.

By: dmc-admin//April 1, 2002//

01-2722 In the Interest of Kyle R.: State v. Kevin R.

By: dmc-admin//April 1, 2002//

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Kevin R. appeals from the juvenile court’s dispositional order, following summary judgment proceedings, finding his son, Kyle, to be a child in need of protection or services (CHIPS). Kevin argues that the court committed reversible errors in: (1) granting the State’s motion for summary judgment despite the existence of what, he says, were genuine issues of material fact; (2) excluding evidence regarding the appropriateness of the child’s caretaker; and (3) excluding evidence regarding whether an alternative placement might be in Kyle’s best interest.

This court concludes that the record fails to establish the factual and statutory bases on which the court found jurisdiction and, even assuming that the court did so under Wis. Stat. § 48.13(3), the record does not establish the absence of genuine issues of material fact.

Accordingly, this court reverses and remands.

This opinion will not be published.

Dist I, Milwaukee County, Murray, J., Schudson, J.

Attorneys:

For Appellant: Myron C. Daubert, Milwaukee

For Respondent: Christine M. Kraus, Milwaukee

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