02-1151-FT, 02-1152-FT In the Interest of Cole J.D., Harrison A.D.: Ozaukee County Department of Social Services v. John D. and Kelly D.

By: dmc-admin//August 19, 2002//

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The Ozaukee County Department of Social Services appeals from orders dismissing its petitions alleging that Cole J.D. and Harrison A.D. are children in need of protection or services (CHIPS). The department asserts that the trial court misinterpreted and misapplied Wis. Stat. sec. 48.24(5) to the facts of this case when it excluded evidence of prior incidents of abuse. We agree with the trial court’s interpretation of the statute, but disagree on how it was applied in this case.

We therefore reverse the orders dismissing the petitions and remand the cases for further proceedings consistent with this opinion.

This opinion will not be published.

Dist II, Ozaukee County, Becker, J., Brown, J.

Attorneys:

For Appellant: Rhonda K. Gorden, Port Washington

For Respondent: Timothy A. Provis, Madison

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