State v. JEREMIAH C.

2003 WI App 40, 659 N.W.2d 193, 260 Wis. 2d 359, 2003 Wisc. App. LEXIS 46
CourtCourt of Appeals of Wisconsin
DecidedJanuary 22, 2003
Docket02-1740, 02-2295-FT
StatusPublished
Cited by13 cases

This text of 2003 WI App 40 (State v. JEREMIAH C.) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. JEREMIAH C., 2003 WI App 40, 659 N.W.2d 193, 260 Wis. 2d 359, 2003 Wisc. App. LEXIS 46 (Wis. Ct. App. 2003).

Opinion

SNYDER, J.

¶ 1. Jeremiah C. and Katie H. appeal separately from dispositional orders, following petitions finding them juveniles in need of protection or services (JIPS) based solely on habitual truancy, that endured beyond the school term during which each reached eighteen years of age. Their appeals raise identical issues. Accordingly, we have consolidated their appeals for decision. We reverse.

FACTS

¶ 2. On September 14, 2001, the State filed a petition alleging that Jeremiah was a juvenile in need of protection or services, based upon his habitual truancy. At the time of this petition, Jeremiah was less than four months shy of his eighteenth birthday.

¶ 3. On November 5, 2001, Jeremiah entered an admission to the petition; however, he also argued that the circuit court could not impose an order beyond his eighteenth birthday. The circuit court ordered Jeremiah to submit a written argument to support his position, which he did.

*363 ¶ 4. The case proceeded to disposition on December 10, 2001. Jeremiah continued to argue that the order must expire on his eighteenth birthday or in January 2002 at the end of the school semester in which he turned eighteen. The circuit court rejected that argument, holding that a "juvenile in Jeremiah's position where he's under 18 and found to be truant, and even though we're very near to his 18th birthday it can still be a one-year order with conditions as appropriate." The circuit court then imposed a six-month order that expired on June 15, 2002.

¶ 5. On December 17, 2001, the State filed a petition alleging that Katie was a juvenile in need of protection or services, based upon her habitual truancy. Katie's eighteenth birthday was June 26, 2002. Katie contested the petition; after a court trial on April 15, 2002, the trial court found that Katie was habitually truant and that she was a juvenile in need of protection or services.

¶ 6. At her May 3, 2002 disposition hearing, Katie argued that the order must expire on her eighteenth birthday, June 26, 2002. The circuit court rejected her arguments and imposed a six-month order set to expire on November 3, 2002. The court noted that Katie was going to have a baby during that six-month time period and "[t]here should be some supervision during that minimum period of time. Clearly, she'll be over 18 probably when the child is born, but under the circumstances, I think supervision is appropriate at least for that minimal period."

¶ 7. Jeremiah and Katie appeal from these orders.

DISCUSSION

¶ 8. This case involves the interpretation of the statutes governing JIPS petitions and orders and corn- *364 pulsory school attendance. Questions of statutory interpretation are questions of law and we owe no deference to the juvenile court's determination. State v. Aaron D., 214 Wis. 2d 56, 60, 571 N.W.2d 399 (Ct. App. 1997).

¶ 9. The JIPS orders placing Jeremiah and Katie under supervision have expired, Jeremiah's on June 15, 2002, and Katie's on November 3, 2002, thus rendering a decision on this issue moot in these cases. An issue is moot when its resolution will have no practical effect on the underlying controversy. State ex rel. Olson v. Litscher, 2000 WI App 61, ¶ 3, 233 Wis. 2d 685, 608 N.W.2d 425. In other words, a moot question is one which circumstances have rendered purely academic. Id.

¶ 10. Generally, moot issues will not be considered on appeal. Id. However, there are exceptions to the rule of dismissal for mootness. Id. We will consider a moot point if "the issue has great public importance, a statute's constitutionality is involved, or a decision is needed to guide the trial courts." Id. (citation omitted). Furthermore, we take up moot questions where the issue is "likely of repetition and yet evades review" because the situation involved is one that typically is resolved before completion of the appellate process. Id. (citation omitted).

¶ 11. This issue will not only recur but with such short-term dispositional orders, the term of supervision will most likely expire pending appellate review. The question is thus one that repeats itself yet evades *365 review. See id. For these reasons, we will address the issue even though our decision will have no practical effect on these two cases.

¶ 12. Here, both Jeremiah and Katie were found to be habitually truant and neither challenges that finding. Instead, each argues that the JIPS order based upon habitual truancy must terminate at the end of the term in which the student turns eighteen years old. We agree that the plain language of the statutes mandates such a conclusion.

¶ 13. Wisconsin Stat. § 118.16 (1999-2000) 1 addresses truancy and enforcement of school attendance; a "habitual truant" is "a pupil who is absent from school without an acceptable excuse ... for part or all of 5 or more days on which school is held during a school semester." Under Wis. Stat. § 938.13(6), a circuit court has jurisdiction over a juvenile alleged to be in need of protection or services, which can be ordered by the court for someone who is habitually truant from school.

¶ 14. Wisconsin Stat. § 118.15 addresses compulsory school attendance and states, in relevant part:

(l)(a)... any person having under control a child who is between the ages of 6 and 18 years shall cause the child to attend school regularly during the full period and hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the child becomes 18 years of age.

A child is therefore only required to attend school until the end of the school term in which the child becomes eighteen years old.

*366 ¶ 15. By the plain language of the statutes, a juvenile cannot be found habitually truant, and thus in need of protection or services subject to the court's jurisdiction, for failing to attend school after the end of the school term in which the juvenile turns eighteen because the juvenile is not required to attend school after the end of the school term in which he or she turns eighteen. Logically, then, a JIPS order based solely on habitual truancy cannot extend past the time frame in which the juvenile is required to attend school.

¶ 16. In support of its argument to the contrary, the State relies upon Wis. Stat. § 938.355(4), which it claims applies to all orders of the circuit court, either delinquency or JIPS:

(4) TeRmination of ORDERS, (a) Except as provided under par. (b) or s.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Brian Tyrone Ricketts, Jr.
Court of Appeals of Wisconsin, 2025
Daniel Birge v. Simplicity Credit Union
Court of Appeals of Wisconsin, 2025
Wisconsin State Journal v. Edward A. Blazel
2023 WI App 18 (Court of Appeals of Wisconsin, 2023)
Joseph Gene Thompson v. Susanne Rose Ouellette
2023 WI App 7 (Court of Appeals of Wisconsin, 2023)
Victor Ortiz, Jr. v. Kevin A. Carr
2022 WI App 16 (Court of Appeals of Wisconsin, 2022)
State v. Troy R. Lasecki
2020 WI App 36 (Court of Appeals of Wisconsin, 2020)
Winebow, Inc. v. Capitol-Husting Co., Inc.
2018 WI 60 (Wisconsin Supreme Court, 2018)
State v. Shaun M. Sanders
2018 WI 51 (Wisconsin Supreme Court, 2018)
Westra v. State Farm Mutual Automobile Insurance
2013 WI App 93 (Court of Appeals of Wisconsin, 2013)
Madison Metropolitan School District v. Circuit Court
2011 WI 72 (Wisconsin Supreme Court, 2011)
Courtney F. v. Ramiro M.C.
2004 WI App 36 (Court of Appeals of Wisconsin, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
2003 WI App 40, 659 N.W.2d 193, 260 Wis. 2d 359, 2003 Wisc. App. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jeremiah-c-wisctapp-2003.