THELEN v. DHSS

No. 87-1241.

143 Wis.2d 574 (1988)

422 N.W.2d 146

Gary THELEN and Laura Thelen, Petitioners-Appellants, v. WISCONSIN DEPT. OF HEALTH & SOCIAL SERVICES, Catholic Social Services and Rembert G. Weakland, Respondents.

Court of Appeals of Wisconsin.

Decided February 23, 1988.


Attorney(s) appearing for the Case

For the petitioners-appellants the cause was submitted on the briefs of Family Law Center-Edhlund and Cooper, S.C., by Sandra A. Edhlund, of Milwaukee.

For the respondent Wisconsin Dept. of Health and Social Services the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Donald P. Johns, assistant attorney general.

For the respondents Catholic Social Services and Rembert G. Weakland the cause was submitted on the briefs of von Briesen & Purtell, S.C., by Stephen W. Hayes and Michael J. Morse, of Milwaukee.

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


MOSER, P.J.

The issue raised in this case is whether sec. 48.64, Stats., requires a hearing before the Department of Health and Social Services (DHSS) when a licensed adoption agency removes a child from an adoptive placement within six months of the child's placement in a prospective adoptive home. The circuit court affirmed DHSS's decision that no hearing was required. We conclude that sec. 48.64(4)(a) requires a hearing...

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