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BINGENHEIMER v. HEALTH & SOCIAL SERVICES DEPT.

No. 84-1573.

124 Wis.2d 268 (1985)

369 N.W.2d 395

Maxine A. BINGENHEIMER, Petitioner-Appellant, v. Wisconsin DEPARTMENT OF HEALTH & SOCIAL SERVICES and Childrens' Services Society of Wisconsin, Respondents.

Court of Appeals of Wisconsin.

Decided April 9, 1985.

Attorney(s) appearing for the Case

For the petitioner-appellant the cause was submitted on the briefs of Frisch, Dudek & Slattery, Ltd., with Patrick B. Howell of counsel, of Milwaukee.

For the respondents the cause was submitted on the briefs of Bronson C. La Follette, attorney general, with Donald P. Johns, assistant attorney general of counsel, of Madison.

Before Wedemeyer, P.J., Moser and Brown, JJ.

MOSER, J.

Maxine A. Bingenheimer (Bingenheimer) appeals from a trial court judgment which upheld a determination by the Wisconsin Department of Health and Social Services (Department) that the Department was without jurisdiction to conduct a hearing on the removal of a foster child from Bingenheimer's foster home. We hold that the Department had no jurisdiction to conduct a hearing because the child was removed from the foster home pursuant to sec. 48.357, Stats....

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