Friday, April 5, 2013

'Dane County v. Sheila W.' argument preview

Dane County v. Sheila W. (2012AP500) is scheduled for argument before the Wisconsin Supreme Court April 11, 2013 9:45 a.m. The case is before the court on review of the Court of Appeals. The synopsis states:
This case involves review of a circuit court order appointing a temporary guardian for a teenage minor to consent to certain medical treatment over the objections of the minor and the minor's parents. Because the temporary guardianship order expired while the case was pending before the Court of Appeals, that court dismissed the appeal as moot. The issues presented to the Supreme Court are as follows:
1.Does Wisconsin recognize the 'mature minor doctrine,' a common law rule providing that a minor may consent or refuse consent to medical treatment upon a showing of maturity, intelligence and sufficient understanding of the medical condition and treatment alternatives?
2.Does Wisconsin recognize a mature adolescent's due process right to refuse unwanted medical treatment?
3.Did the circuit court violate an adolescent's common law and constitutional right to refuse medical treatment when it appointed a temporary guardian to consent to treatment over the adolescent's objection?
4.Should the exceptions to the mootness doctrine be utilized to address the above issues despite the expiration of the temporary guardianship?

From Dane County.