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2009AP2743 State ex rel. Smalley v. Orth, et al.

By: WISCONSIN LAW JOURNAL STAFF//April 7, 2011//

2009AP2743 State ex rel. Smalley v. Orth, et al.

By: WISCONSIN LAW JOURNAL STAFF//April 7, 2011//

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Juveniles
Child maltreatment

Deborah Smalley appeals an order that affirmed, on certiorari review, a child maltreatment substantiation determination made by the Sauk County Department of Human Services under Wis. Stat. § 48.981 (2009-10). Specifically, the Department determined that a child had sustaine serious injury as the result of Smalley’s neglect. Smalley claims that the Department’s decision was not supported by substantial evidence and that the Department’s refusal to produce unredacted copies of medical records, police reports, and social service notes violated her due process rights. We conclude that there was substantial evidence in the record to support the Department’s decision, but that the Department should have produced the unredacted records. We are unable to adequately evaluate whether Smalley’s due process rights were violated, however, because the certiorari return from the Department does not contain the unredacted records. We therefore reverse the certiorari order in part and remand for further proceedings consistent with this opinion. This opinion will not be published.

2009AP2743 State ex rel. Smalley v. Orth, et al.

Dist IV, Sauk County, Evenson, J., Per Curiam

Attorneys: For Appellant: Kelly, Thomas J., Spring Green; For Respondent: Klicko, Wendy J.N., Baraboo

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