Court Error – Dispositional Order

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. X. B. A.-S.

Case No.: 2022AP000944

Officials: Brash, C.J.

Focus: Court Error – Dispositional Order

The State of Wisconsin appeals dispositional orders by the trial court relating to petitions seeking a determination that X.B.A.-S. was a juvenile in need of protection or services (JIPS). The JIPS petitions were filed after the trial court determined that X.B.A.-S. was not competent to proceed with several delinquency petitions that had been filed against him, but was likely to regain competency within the statutory time frame.

In the dispositional orders for the JIPS petitions, the court indicated that the JIPS cases were “counseled and closed.” The State argues that these dispositions do not comply with the statutory requirements regarding competency reexaminations and this court agrees. Therefore, the court reverses the orders closing the JIPS cases, and remands this matter to the trial court with instructions to enter dispositional orders in those cases.

Reversed and Remanded.

Decided 11/29/22

Full Text