Sign In

News & Publications Topic Search

Select a topic from the drop-down list to view associated articles from WisBar News, Wisconsin Lawyer, InsideTrack, and Rotunda Report.​​​​


    Dec. 19, 2023
    'State v. A.G.' clarified the law on TPR plea colloquies in some ways but did not resolve the question of what the burden of proof is at TPR disposition – if there is any burden of proof beyond the child’s best interests, write Jenni Spies Karas andCourtney Roelandts.
    Oct. 10, 2023
    The recent decision by the U.S. Supreme Court in Haaland v. Brackeen validated the Indian Child Welfare Act. Jennah Curtin discusses the case and decision on adoption practices involving Indian children.
    Sep. 11, 2023
    The Tailored Dispositional Orders Project is being led by the Children’s Court Improvement Program (CCIP) and the Department of Children and Families (DCF) and aims to improve outcomes for CHIPS and Youth Justice cases. The project is now being expanded statewide.
    Mar. 01, 2023
    The recent 2021 WI Act 182 created new language for petitions to change the name of a minor under 14 years of age with two living parents who are not filing a joint petition in certain circumstances. Amanda R.R. Mayer outlines the new law and how to navigate it – and points out a glaring omission.
    Feb. 01, 2023
    The death of Lisa Marie Presley brings to light issues such probate issues as determination of heirs, the power and duties of personal representatives, and the role of a guardian ad litem.
    Sep. 22, 2022
    Individuals with non-apparent disabilities experience greater risks during encounters with law enforcement and first responders. Christine J. Huberty explains how hidden disabilities can be misunderstood, and how to disclose this information onidentification cards to improve safety.
    Aug. 29, 2022
    The availability and approval of COVID-19 vaccine administration for children presents new challenges for parents with joint legal custody who disagree about whether to vaccinate their children. Erin Idler explores the legal standard and role of a guardian ad litem in resolving such disputes.
    Aug. 23, 2022
    The Family First Prevention Services Act refocuses child welfare goals from reaction to prevention, requiring qualified residential treatment programs to meet more stringent qualifications for funding. Grace Tressler explores the Act’s various impacts,especially how its implementation in Wisconsin transforms the current landscape of the treatment programs.
    Aug. 02, 2022
    The Wisconsin Supreme Court in 2021 established new requirements for guardians ad litem as it relates to domestic violence cases in family court. Debra Mancoske discusses recent GAL training in Brown County.
    Jul. 26, 2022
    Qualified interpreters are an integral piece of ensuring access to justice for Wisconsin’s population with limited English proficiency. Megan L. Sprecher explains the interpreter qualification categories and interpreter procedures for circuit andappellate courts.
    Jul. 21, 2022
    Mental health resources for children continue to be an important component when treating children with mental illness. Alyssa Paulus discusses these resources in Wisconsin.
    Jun. 27, 2022
    Quality caregiving services are a constant need, particularly in an unstable economy. Amy M. Burger discusses the caregiving shortage crisis and how legal practitioners can address the crisis by making caregiver agreements a regular and integral part oftheir practice.
    Jan. 24, 2022
    LGBTQ youth have unique issues that require attorneys to educate the court, particularly in family law matters. U.W. law student Renee Pasciak explains the need for this education and how to advocate for this population.
    Jan. 07, 2022
    With appropriate guidelines and oversight, parent coordinators can help resolve disputes between parents after divorce, quickly and cost effectively.
    Dec. 21, 2021
    Parents with personal experience in the child welfare system can play a valuable role in many ways, including providing feedback and peer support. Heather Miller discusses how a lived experience voice is being incorporated in child welfare in Wisconsin.
    Nov. 17, 2021
    A current bill in the Wisconsin Legislature proposes a list of requirements and training that a potential guardian must go through before taking guardianship. Alexandra Evans discusses the requirements and their potential consequences for wards and guardians.
    Oct. 21, 2021
    As the circumstances of Britney Spears' conservatorship make clear, the topic of substitute decision-making for vulnerable individuals in Wisconsin and elsewhere has relevance for almost all lawyers, not only senior lawyers or those who practice elder law.
    Oct. 21, 2021
    For the shouting about rights that doesn't fit into the category of real infringement of constitutional rights, we might still be onto something good. Jessica Liebau asks, if we can apply this current interest in constitutional rights in a productive way,
    Sep. 29, 2021
    There are many different ways to achieve a mediation agreement. Nancy Mills suggests alternative ways for both parties to achieve desired results.
    Sep. 15, 2021
    The Fifth Circuit Court of Appeals recently determined the Indian Child Welfare Act to be overall constitutional, although it struck down certain provisions. Bailey Holt provides an overview of the act, and discusses the case and its implications.
    Aug. 19, 2021
    With Wisconsin’s adoption of the Uniform Adult Guardianship and Protective Proceedings Act in 2018, transferring a guardianship to or from another state can be more efficient. Amy Greske discusses important factors in navigating the statute and successfully transferring a guardianship.
    Jun. 17, 2021
    While governed by uniform guidelines, the practice of child welfare law varies from county to county across Wisconsin. Michael Puerner discusses the role of Judicial Engagement Teams: to bring together teams of community stakeholders to identify best practices and implement positive changes in child welfare cases.
    Apr. 26, 2021
    Abigail Hean discusses the “child welfare to juvenile justice to adult prison pipeline” – the failure of these systems to adequately address the needs of the youth they serve, ultimately causing more harm than good.
    Jan. 11, 2021
    Many children are raised by someone other than a parent either temporarily or permanently. A new law clarifies and improves the minor-guardianship process.
    Sep. 08, 2020
    Gretchen Viney answers the question: Am I eligible to accept a court appointment as a GAL? This article incorporates the changes to SCR 35, effective for family court orders entered after Jan. 1, 2021.
    Aug. 05, 2020
    Chronic and persistent adversity impacts development in children as they grow into adults. Melissa Ivens discusses adverse childhood experiences (ACEs) and reviews strategies that facilitate healthy development in children.
    Jul. 10, 2020
    A new private minor guardianship law takes effect Aug. 1, 2020. In this second part of a two-part series, Courtney Roelandts provides tips and suggestions on how to prepare for a smooth transition.
    Jun. 16, 2020
    A new private minor guardianship law takes effect Aug. 1, 2020. In this first of a two-part series on the new Wis. Stat. chapter 48, Beth Lauck provides a background of private minor guardianships and an overview of the changes under the new law.
    Apr. 07, 2020
    Gretchen Viney looks at a Dane County program that has a solution that other communities could replicate. The NewBridge Volunteer Guardianship Program provides trained guardians free to Dane County residents. Here's how it works.
    Mar. 09, 2020
    In Wisconsin, two sets of courts potentially have jurisdiction over children and families. In cases involving child abuse allegations against a parent, consider the advantages and disadvantages to filing for a child abuse injunction first versus raising the allegations as part of an active family law matter. The authors discuss jurisdictional differences and areas of authority.
    Jan. 09, 2020
    This overview kicks off a series of articles that focus on how lawyers can help older clients avoid or end elder abuse. Learn how to recognize potential abuse and develop a holistic understanding of the legal needs and perspective of older clients.
    Jan. 09, 2020
    A lawyer's powers of observation and note-taking, record-keeping, and organizational skills can go far to identify and help older clients who are vulnerable to abuse. Learn appropriate techniques to screen older clients for fraud and abuse.
    Jan. 09, 2020
    Gretchen Viney introduces a series of articles that focus on the many ways lawyers can help older clients avoid or end elder abuse.
    Dec. 05, 2019
    The legal community can strengthen families by providing, training, and supporting attorneys for parents involved in the child welfare system, says Alaina Fahley, who discusses what high quality parent representation would look like in Wisconsin.
    Dec. 04, 2019
    Family lawyers trained to identify the effects of childhood trauma and compassion fatigue can better serve their clients. Lauren Otte discusses identifying and addressing the trauma experience of children and parents to mitigate the potential damage during custody and placement disputes.
    Oct. 15, 2019
    Exposure to domestic violence can have serious health effects for children, according to recent scientific studies. Tiffany Highstrom gives a broad overview of these studies on the link between early childhood exposure to intimate partner violence (IPV) and children’s physical and health risks. “While exposure to IPV leaves no actual bruises, it has real effects on the health of the child. Research suggests that intervention can be effective in mitigating those effects,” she writes.
    Oct. 08, 2019
    Few lawyers have not experienced or witnessed a party behaving badly. When the behavior escalates to include cyberbullying, David Blumberg says the potential resulting harm cannot safely be ignored.
    Sep. 16, 2019
    Adversarial, collaborative, cooperative, or mediation? Choosing the method in family law matters depends on your client’s situation. Margaret Hickey discusses what to consider when selecting an approach to resolving family law cases.
    Jul. 16, 2019
    Knowledge of a child's underlying trauma is the first step toward making the most appropriate recommendation regarding the best interest of the child. Kelsey Stefka discusses trauma-informed care and how it can be used by guardians ad litem to better understand their young clients.
    Jun. 25, 2019
    Your views needed: The Wisconsin Legislature is exploring reform of Wisconsin’s termination of parental rights (TPR) and adoption systems. Emily Dudak Leiter discusses the details of these potential changes, and urges section members to take the poll, linked at the end of the article, to inform the section board of your views on these critical issues.
    Jun. 19, 2019
    The unique role of guardians ad litem (GAL) pose challenges in applying the Rules of Professional Conduct for Attorneys, such as determining whether GAL work may conflict with your other cases. Tim Pierce, State Bar of Wisconsin ethics counsel, provides insight into one particular case that may help.
    May 28, 2019
    Residents of rural Wisconsin counties who require long-term care will likely have to move farther from home, and compete for fewer beds, than their urban counterparts. Continued facility closings threaten to exacerbate the disparity.
    May 07, 2019
    It is the task of guardians ad litem to get to know the issues their clients are struggling with. Christie A. Linskens Christie discusses the lessons that can be learned from the examination of mass incarceration's impact in one Wisconsin community, as shown in the award-winning film, Milwaukee 53206.
    Apr. 29, 2019
    A Legislative Council Study Committee recently proposed changes to child placement and support laws in Wisconsin. Tiffany Highstrom reviews the committee’s proposals and their potential impact on family law.
    Mar. 21, 2019
    In February 2019, the Wisconsin Joint Legislative Council unanimously voted to support changes involving minor guardianships. Deanna Weiss discusses the changes proposed in AB 47.
    Jan. 16, 2019
    Whether you're serving as a guardian ad litem for a child, an elderly person, or an individual with a mental disability, stay up to date on the law and best practices with The Guardian Ad Litem Handbook from State Bar of Wisconsin PINNACLE, now available in a revised edition.
    Sep. 20, 2018
    May parties stipulate to a lower standard for modification of custody and placement in the initial years following a judgment? James C.W. Bock explores case law and legislative intent involving the “best interest of the child” custodial standard.
    Aug. 27, 2018
    Called the "fastest-growing foster care initiative," kinship placement and adoption is on the rise. Kaitlyn Dvorak discusses what guardians ad litem should keep in mind about the benefits and challenges of recommending placement with family members.
    Jul. 11, 2018
    A new legislative Act alters what a custodial parent must do to move or relocate with a child. Lisa-Marie Line outlines the changes, which became effective April 5, 2018.
    Jul. 11, 2018
    The Wisconsin Legislature recently made significant changes to the law that governs when one divorced parent seeks to relocate far the child’s other parent. Tiffany Highstrom details the new procedures and standards applicable under the Act.
    Jun. 27, 2018
    Juveniles have a fundamental right to be tried only if competent. What happens when juveniles don’t become competent until they become an adult? Devon Lee discusses issues involved in a case taken up by the Wisconsin Supreme Court.
    Feb. 22, 2018
    With more than 110 court-ordered out-of-state mental health residential care placements for youth in 2017, the lack of in-state options is of deep concern for many in the child welfare and juvenile justice systems. The upward trend is a disturbing one, says Eileen Fredericks.
    Dec. 17, 2014
    Dec. 17, 2014 – The Wisconsin Records Management Committee has revised three and created seven new forms, effective Dec. 15, 2014.
    Sep. 01, 2014
    Gretchen Viney explains the process to obtain a minor guardianship under Wis. Stat. chapter 54.
    Apr. 11, 2014
    The State Bar of Wisconsin National Mock Trial planning team is calling on attorneys, judges and experienced teachers and coaches from around the state to step up to the bench and volunteer to serve on a judging panel during the 2014 National High School Mock Trial Championship on May 9 and 10 in Madison.
    Feb. 17, 2014
    Help the State Bar of Wisconsin send a bill to the governor’s desk, which would return first-time, nonviolent 17-year-old offenders to juvenile court jurisdiction.
    May 01, 2013
    May 1, 2013 – The Wisconsin Records Management Committee recently updated five juvenile, guardianship, and general forms.
    Mar. 29, 2013
    The Wisconsin Supreme Court, by a 4-3 majority, has ruled that a Dane County woman will have another shot to keep her kids because of erroneous lower court rulings that prevented her from presenting evidence to a jury.
    Jan. 16, 2013
    Jan. 16, 2013 – If you're going to serve as a guardian ad litem for a child, an elderly person, or an individual with a mental disability, you'll need the State Bar of Wisconsin PINNACLE®'s one-of-a-kind reference – Guardian ad Litem Handbook.
    Jan. 16, 2013
    Jan. 16, 2013 – The Wisconsin Records Management Committee updated or introduced 25 civil, criminal, guardianship, juvenile, and probate forms. Forms became effective Nov. 16, 2012.

News & Pubs Search

-
Format: MM/DD/YYYY