State Ex Rel. Angela M.W. v. Kruzicki

¶ 44. (dissenting). I do not join the majority opinion because the majority has not interpreted Wis. Stat. § 48.02(2) (1993-94)1 in conformity with the express legislative purpose of the Children's Code. I also am not persuaded by the majority's attempt to distinguish the present case from past cases in which this court has indicated that the definitions of "child" and "person" include a viable fetus. Furthermore, I find it significant that although the legislature amended the Children's Code last session, it did not act to alter the court of appeals' interpretation of §48.02(2) in State ex…