2009AP1997 Jackson County Department of Health & Human Services v. Susan H.

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Public Health
Protective placement

A person has a primary need for residential custody in § 55.08(1)(a) when the person has a primary need to have someone else exercising control and supervision of the person in the person's place of residence for the purpose of protecting the person from abuse, financial exploitation, neglect, and self-neglect.

"[A]pplying the common meaning of the phrase 'primary need for residential care and custody' in Wis. Stat. § 55.08(1)(a), in light of the declaration of policy in § 55.001, we conclude the person must have a primary need (1) to have his or her daily needs provided for in a residential setting; and (2) to have someone else exercising control and supervision in that residential setting for the purpose of protecting the person from abuse, financial exploitation, neglect, and self-neglect. This is essentially the construction the circuit court adopted."

Affirmed.

Recommended for publication in the official reports.

2009AP1997 Jackson County Department of Health & Human Services v. Susan H.

Dist. IV, Jackson County, Lister, J., Vergeront, J.

Attorneys: For Appellant: Radtke, Rian, Black River Falls; For Respondent: Findley, Brian C., Darlington

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