In the Interest of Christopher Dl
Court of Appeals of Wisconsin · 2006-08-08
This case involved a father's appeal from a Wisconsin circuit court order denying his motions to dismiss a CHIPS (child in need of protection or services) dispositional order for his son and to appoint counsel. The father argued he lacked notice of revision proceedings, that the order had expired after related termination of parental rights actions were dismissed, and that he was entitled to appointed counsel. The Court of Appeals affirmed the denial, holding that the circuit court properly found the father failed to rebut the presumption of notice from mailed documents, that the dispositional order remained in effect and did not lose competency due to the separate TPR dismissal, and that appointment of counsel was discretionary and properly denied after weighing relevant factors such as the father's education, lack of liberty interest at stake, and county costs. The decision rested on statutory interpretations of notice requirements, order expiration rules, and case law governing appointment of counsel in CHIPS matters.