Racine County v. R. P. L.

Summary

The Wisconsin Supreme Court affirmed the court of appeals, holding that Robert's appeal from the 2024 order continuing his protective placement was not moot because his statutorily mandated liability under Wis. Stat. § 46.10(2) for the costs of his care persisted as a collateral consequence despite a later, unappealed 2025 continuation order. Applying the mixed standard of review—upholding the circuit court's factual findings unless clearly erroneous while reviewing the legal sufficiency de novo—the court held the record contained sufficient clear-and-convincing evidence that Robert remained so incapable of caring for himself as to pose a substantial risk of serious harm and that his disability was permanent or likely permanent under Wis. Stat. § 55.08(1)(c)–(d). The court declined an amicus invitation to replace the mixed standard with a clear-error standard, reserving that question. The ruling drew a concurrence urging reconsideration of the standard of review and three dissents contending the evidence was insufficient.