State Ex Rel. Kenneth S. v. Circuit Court for Dane County

¶ 1. This is an original action for a supervisory writ in which the parent of a child who is the subject of a CHIPS petition seeks an order directing the circuit court, the Honorable Shelley Gaylord, to enter an order dismissing the CHIPS action pursuant to a stipulation between the parties. The parent contends that, because all parties stipulated to dismissal under Wis. Stat. § 805.04(1), the voluntary dismissal statute, the circuit court has no authority to reject a dismissal. The circuit court responds that § 805.04(1) does not apply in a CHIPS proceeding under Wis. Stat. ch. 48.

¶ 2. We…