Allen v. State Department of Health & Social Services

In this case two foster children were removed from the home of Charles and Beverly Allen without prior compliance of the State Department of Health and Social Services with the provisions of see. 48.64(1), Stats., requiring that, when children have been in a foster home for more than six months, a written notice of the intent to remove them shall first be given. In this case, the children were removed from the Allen home after the receipt of an oral notice of removal. They were then placed in an adoptive home. The Allens petitioned for the return of the children, relying on the department’s…