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Child in Need of Protection and Services (CHIPS)

WI Court of Appeals – District III

Case Name: Brown County v. J. J.

Case No.: 2021AP002079

Officials: Stark, P.J.

Focus: Child in Need of Protection and Services (CHIPS)

Jasper appeals a dispositional order finding his son Sam a child in need of protection and services (CHIPS) and placing Sam in out-of-home care. Jasper argues the circuit court erred in finding that Brown County met its burden to prove by clear and convincing evidence that the County made active efforts to avoid breaking up his family, as required by the Wisconsin Children’s Code and the federal Indian Child Welfare Act (the ICWA). The appeals court concludes that the County met its burden of proof by clear and convincing evidence, that the County engaged in an ongoing, vigorous and concerted level of case work, and that it made active efforts to prevent the breakup of Sam’s family as required by the ICWA. Sam’s removal from his family home pursuant to the CHIPS order complied with WIS. STAT. § 48.355(2)(b)6v.


Decided 03/07/23

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