T.L. v. Milwaukee County

E.H. appeals from a corrected Dispositional order which determined that her son, T.L., was in need of protective services, and placed him in the custody of the Milwaukee County Department of Social Services (DSS) for one year. We accept E.H.'s argument that the Dispositional order must be reversed because her guardian ad litem (GAL) waived contest of the ""Child in Need of Protective Services"" (CHIPS) petition, even though her expressed wishes were to contest it. We reverse the order and remand the cause for proceedings consistent with this opinion. The genesis of this case is a ""Petition for Determination of Status -- In Need of Protective Services"" which was filed on May 15, 1987, and thus began a CHIPS proceeding pursuant to secs. 48.13(3), (10), and (11), Stats. The petition alleged that T.L., a six-year-old child, was the subject of physical and/or sexual abuse, and was emotionally damaged and cognitively underdeveloped. E.H., T.L.'s mother, was found to be indigent by the Juvenile and Mental Health Division of the office of the State Public Defender. She was assigned adversary counsel. 1 An emergency hearing was held on May 15, 1987, wherein adversary counsel voiced his concern over E.H.'s competency, and requested the appointment of a GAL. A GAL was subsequently appointed to E.H. on May 29, 1987. 2