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CALUMET COUNTY DEPT. OF HUMAN SERVS. v. RANDALL H.

No. 01-1272.

257 Wis.2d 57 (2002)

2002 WI 126

653 N.W.2d 503

STATE of Wisconsin EX REL. IN RE the SUPPORT OF ROBERT H.: CALUMET COUNTY DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. RANDALL H., Respondent-Appellant.

Supreme Court of Wisconsin.

Decided November 21, 2002.

Attorney(s) appearing for the Case

For the respondent-appellant, there were briefs by Brett C. Petranech and Kelly & Petranech LLP, Madison, and oral argument by Brett C. Petranech.

For the petitioner-respondent, there was a brief and oral argument by Melody Buchinger, corporation counsel.

An amicus curiae brief was filed by Mary S. Gerbig, Mary L. Hubacher, Mark L. Olson and Davis & Kuelthau, S.C., Green Bay, on behalf of the Wisconsin Counsel of Administrators of Special Services, with oral argument by Mary S. Gerbig.

An amicus curiae brief was filed by Jeffrey Spitzer-Resnick, Madison, on behalf of the Wisconsin Coalition for Advocacy.

An amicus curiae brief was filed by Lucy T. Brown, Joanne Huston and Bruce Meredith, Madison, on behalf of the Wisconsin Education Association Council.

An amicus curiae brief was filed by John J. Prentice, Julianne Barker and Prentice & Phillips LLP, Milwaukee, on behalf of the Wisconsin Counties Association.

¶ 1. DIANE S. SYKES, J.

This case involves the intersection of the federal Individuals with Disabilities Education Act (IDEA) and state statutes governing children in need of protection or services (CHIPS). The issue is whether the parent of a disabled child placed in a residential treatment facility pursuant to a circuit court's CHIPS order is exempt from the court's child support order if the child's individualized education program (IEP), mandated by the IDEA...

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