Discussion of the responsibility of county departments of social services to investigate allegations of child abuse and neglect. Department staff members may interview the child on public school property, and may exclude school personnel from the interview. School personnel cannot condition on-site interviews on notification of the child's parents. 79-49
The Interstate Compact on the Placement of Children does not apply to the Appleton ABC Program, Inc. OAG 53-1983 is withdrawn. (Unpub.). 18-1984
Maintenance orders
The family court commissioner represents the public interest and does not act as an advocate for the party benefited when he brings a remedial contempt proceeding to enforce an existing order or judgment under section 767.29(1), Stats. 76-21
Mentally handicapped
St. Coletta School cannot receive public funds because its governing body is chosen by a religious organization and part of its teachings are sectarian. (Unpub.). 10-1977
Parental rights
Parents who unilaterally remove a child from an exceptional educational needs placement violate the compulsory education statute. 79-105
The potential liability of placement agencies and foster parents for the torts of foster children is the same as natural parents' liability. They are only liable for property damage or physical injury which results from a failure to provide reasonable supervision. The greater exposure falls on the foster parent. Section 895.035, Stats., does not apply to placement agencies or foster parents. 66-164
Paternity
Duties of corporation counsel in county over 500,000 concerning paternity matters under secs. 52.21-52.45, Stats., cannot be transferred to legal counsel employed in a separate department created pursuant to powers in sec. 59.025, Stats. (Unpub.). 22-1978
Paternity actions
Litigation and discovery costs for those indigent respondents in paternity actions for whom counsel has been appointed in accordance with sec. 767.52, Stats., must be paid by the state through the Public Defender Board appropriations, except as otherwise specifically provided by statute. (Unpub.). 33-1982
Probation and parole
The Department of Health and Social Services has exclusive authority to detain and release a child who has violated the conditions of probation imposed by a court of criminal jurisdiction. The child need not be brought before a juvenile court intake worker if he or she is not also detained as a delinquent. The child can be held in the adult section of the county jail. 72-104
Records of child-placing agencies
If the Department of Health and Social Services does not wish to designate a child-placing agency licensed under section 48.60, Stats., to conduct searches under sections 48.432(4)(b) and 48.433(6)(b), the child-placing agency has no enforceable right to be so designated. Whether or not there is such a designation, the Department of Health and Social Services has an absolute right of access to the case records of the licensed child-placing agency for purposes of the search program under sections 48.432 and 48.433. (Unpub.). 22-1984
Records of child support
The Department of Health and Social Services should be granted access to otherwise confidential records because that access is necessary to complete a legislatively mandated study. (Unpub.). 23-1984
Schools and school districts
Parents who unilaterally remove a child from an exceptional educational needs placement violate the compulsory education statute. 79-105
Surnames
Mother of child born out of wedlock may cause any surname to be entered on the child's birth certificate. 63-501
Torts
The potential liability of placement agencies and foster parents for the torts of foster children is the same as natural parents' liability. They are only liable for property damage or physical injury which results from a failure to provide reasonable supervision. The greater exposure falls on the foster parent. Section 895.035, Stats., does not apply to placement agencies or foster parents. 66-164
CHIROPODISTS
Medical Practice Act
Podiatrists may administer injections, perform and interpret laboratory work such as blood counts, and write prescriptions in connection with treatment of the feet without violating the Medical Practice Act. 62-156
CHIROPRACTORS
Clarification of 68 OAG 319 (1979)
The conclusion in 68 Op. Att'y Gen. 316 (1979), that a physician has authority under the Medical Practices Act to advise a patient whether or not continued chiropractic care is necessary deals solely with physician-patient relationships, and is not to be construed as providing guidance or direction in situations where such a relationship does not exist. (Unpub.). 12-1984
Crime victims compensation
Under ch. 949, Stats., DILHR is not authorized to direct payment of expenses incurred by victims of crime for dental, chiropractic, podiatric, or optometric services. (Unpub.). 84-1977
Medical Assistance Program, State
Chapter 147, Laws of 1973, amended by the State Medical Assistance Program to provide for payment for chiropractic services, including necessary x-rays. Such payment is authorized regardless of whether there are matching federal funds. (Unpub.). 2-1975
Nursing homes
Residents' freedom to choose health care providers discussed. 66-178
Physician
The Medical Practices Act, ch. 448, Stats., permits a physician subject to certain limitations, to advise a patient whether or not continued chiropractic care is necessary, and the giving of such advice while it may technically fall within the definition of chiropractic practice does not constitute the unauthorized practice of chiropractic. 68-316
Wisconsin Industrial Development Law
A chiropractic clinic may qualify for financing under the Wisconsin Industrial Development Law. 70-133
CIGARETTES
See MARKETING AND TRADE PRACTICES; POLLUTION, Smoking
CIRCUIT COURT
See also CLERK OF COURTS
Bench warrant
The circuit court has neither statutory nor inherent authority to issue a bench warrant for the arrest of a violator of a county ordinance who has received a citation pursuant to sec. 66.119, Stats., and who neither posts a cash deposit nor appears at the citation return date. 70-280
Clerk
County Board cannot require clerk to search records and sign certificates. 66-358
The clerk of circuit court has discretion to refuse to docket a large claim money judgment until his statutory fee has been paid for that service; but such discretion is not unlimited. The clerk incurs no liability under section 806.10(3), Stats., where the time of entry recorded in the judgment docket is the time when the clerk has both the judgment and the statutory fee in his custody, provided the clerk has not abused his discretion. 79-54
Contempt actions
Circuit courts of this state may sua sponte appoint a special prosecutor in contempt actions pursuant to ch. 785, Stats., without the need to resort to the provisions of sec. 59.44, Stats. 72-1
Court Reporter
Salary questions discussed with respect to county Court Reporter who resigned effective July 31, 1978, and was appointed by Judge of same court as circuit Court Reporter on August 2, 1978. Ch. 449, Laws of 1977. (Unpub.). 19-1979
Expunction of criminal records
Circuit courts do not possess inherent powers, in the absence of statute, to order the expunction or destruction of criminal conviction records. 70-115
Filing fees for support or maintenance petition
Discussion of circumstances under which additional filing fees for support or maintenance petition under section 814.61(13), Stats., are to be paid. 75-1
Garnishment actions
In garnishment actions, a clerk of circuit court is not authorized to collect the deposit and disbursement fees set forth in section 814.61(12)(a), Stats., unless the garnishee has paid money into court and obtained a court order directing the clerk of courts to deposit the money in a safe depository. State agencies are not required to pay the fees outlined in section 814.61 (except for the filing fee in section 814.61(1)), nor are they required to pay the fee for filing a garnishment action under section 814.62(1). 73-3
