Protective Placement

By: WISCONSIN LAW JOURNAL STAFF//January 2, 2024//

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WI Court of Appeals – District III

Case Name: Douglas County v. M. L.

Case No.: 2022AP000141

Officials: Hruz, J.

Focus: Protective Placement

Mason appeals an order continuing his protective placement pursuant to WIS. STAT. § 55.18. Mason asserts that the circuit court lost competency over this matter due to Douglas County failing to timely file its petition and report as required by § 55.18(1). Additionally, Mason argues that the County presented insufficient evidence to continue his protective placement by failing to present a witness qualified to opine on the four elements required by WIS. STAT. § 55.08(1).

The appeals court concludes that Mason forfeited his right to object to the timeliness of the annual petition and its impact on the circuit court’s competency. The court also concludes that the record contains sufficient evidence demonstrating that Mason continues to meet the requirements for protective placement.

Affirmed.

Decided 12/28/23

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