Protective Placement-Due Process Rights

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WI Court of Appeals – District III

Case Name: Price County v. C. W.

Case No.: 2023AP000018-FT

Officials: Stark, P.J.

Focus: Protective Placement-Due Process Rights

Clara appeals from an order for her protective placement under WIS. STAT. § 55.08(1). She argues that Price County failed to prove by clear and convincing evidence that she was in need of protective placement because it did not present testimony from a medical professional as to each element in § 55.08(1), and that the County’s failure to do so violated her due process rights. We conclude that the relevant statutes do not require a medical professional to provide testimony in support of a petition for protective placement where, as here, a guardianship of Clara’s person was ordered within twelve months of the protective placement hearing, the court took judicial notice of a medical professional’s report and its findings and order from the guardianship proceeding, and a comprehensive evaluation was prepared in this matter pursuant to WIS. STAT. § 55.11 by a qualified individual.

Affirmed.

Decided 09/06/23

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