Statutory Interpretation

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WI Court of Appeals – District I

Case Name: Milwaukee Academy v. Department of Children and Families

Case No.: 2016AP2377

Officials: Brennan, P.J., Kessler and Dugan, JJ.

Focus: Statutory Interpretation

In this case we address whether, under the relevant statute and Wisconsin Administrative Code provisions, a residential care center (RCC) for minors is prohibited from strip searching a resident, regardless of the circumstances. The Department of Children and Families (DCF or the Department), which licenses such facilities, imposed a $500 forfeiture on Milwaukee Academy (M.A.) for allowing its staff to strip search a resident on June 18, 2014. DCF contended that under no circumstances was a strip search of a resident ever permitted. M.A. argues that the forfeiture is improper because the applicable statute and rules permit strip searches in certain circumstances that were present here.

We employ principles of statutory construction and construe the applicable provisions to achieve harmony between them and to avoid absurd results, and we apply due weight to the agency’s interpretation of its own rule. We conclude that under the proper reading of the relevant provisions, a strip search of a resident may be permitted under WIS. ADMIN. CODE § DCF 52.31(1)(a) (Nov. 2017), WIS. STAT. § 51.61(2015-16), and WIS. ADMIN. CODE § DHS 94.24(2)(d) in certain specific circumstances. We therefore reverse the agency’s decision that a strip search is never permissible and vacate the forfeiture order. However, because the record is insufficient for this court to make the determination of whether the particular strip search here was permitted, we remand the matter to the Department for a hearing to determine whether this strip search was permitted under the statute and code provisions.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.