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Keywords

jurisdictionattorneyappealhearingmotionmotion to dismiss
jurisdictionattorneyappealhearingmotionmotion to dismiss

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B-J-N-, Matter of;

Facts

Protective services were provided to a parent's minor children under Wis. Stat. 48.13(10), and dispositional orders were entered, which were extended annually. The county sought another extension, which the parent contested, and the circuit court issued a 30-day extension under Wis. Stat. 48.365(6). The parent's attorney had a conflict and requested rescheduling. The circuit court rescheduled the hearing after the extension had expired. At the hearing, the parent's attorney noted that the order had expired, and eventually filed a motion to dismiss, which was granted and affirmed on appeal. The county appealed. The court affirmed. The annual dispositional orders expired automatically after the additional 30-day extension. Expired orders were not extendable.

Protective services were provided to a parent's minor children under Wis. Stat. 48.13(10), and dispositional orders were entered, which were extended annually. The county sought another extension, which the parent contested, and the circuit court issued a 30-day extension under Wis. Stat. 48.365(6). The parent's attorney had a conflict and requested rescheduling. The circuit court rescheduled the hearing after the extension had expired. At the hearing, the parent's attorney noted that the order had expired, and eventually filed a motion to dismiss, which was granted and affirmed on appeal. The county appealed. The court affirmed. The annual dispositional orders expired automatically after the additional 30-day extension. Expired orders were not extendable.

Issue

Whether a continuance pursuant to sec. 48.315, Stats., can apply to a 30-day extension period granted under sec. 48.365(6).

Whether a continuance pursuant to sec. 48.315, Stats., can apply to a 30-day extension period granted under sec. 48.365(6).

Rule

A circuit court loses its competence to exercise jurisdiction when a hearing is not held within the maximum 30-day extension period allowable under sec. 48.365(6).

A circuit court loses its competence to exercise jurisdiction when a hearing is not held within the maximum 30-day extension period allowable under sec. 48.365(6).

Analysis

The court applied the rule by determining that the circuit court's jurisdiction was lost because the hearing was not held within the 30-day extension period. The court emphasized that the specific provisions of sec. 48.365(6) controlled over the general provisions of sec. 48.315, and thus, the circuit court could not extend the 30-day period through a continuance. The court also noted that the loss of competency could not be waived by the parties.

The court applied the rule by determining that the circuit court's jurisdiction was lost because the hearing was not held within the 30-day extension period. The court emphasized that the specific provisions of sec. 48.365(6) controlled over the general provisions of sec. 48.315, and thus, the circuit court could not extend the 30-day period through a continuance. The court also noted that the loss of competency could not be waived by the parties.

Conclusion

The court affirmed the decision of the appellate court, which upheld the circuit court's dismissal of the extension petition, confirming that the circuit court had lost its competency to exercise jurisdiction.

The court affirmed the decision of the appellate court, which upheld the circuit court's dismissal of the extension petition, confirming that the circuit court had lost its competency to exercise jurisdiction.

Who won?

The county department of human services did not prevail in the case because the court upheld the circuit court's ruling that it lost jurisdiction due to the failure to hold a hearing within the required time frame.

The county department of human services did not prevail in the case because the court upheld the circuit court's ruling that it lost jurisdiction due to the failure to hold a hearing within the required time frame.

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