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THELEN v. CATHOLIC SOCIAL SERVICES

No. 87-C-0373.

691 F.Supp. 1179 (1988)

Gary THELEN, Laura Thelen, and Angel Victoria Thelen, Plaintiffs, v. CATHOLIC SOCIAL SERVICES, a Wisconsin not-for-profit corporation; Rembert G. Weakland, individually and as President of the Board of Directors, Catholic Social Services, Inc.; Thomas R. Schneider, individually and as Executive Director, Catholic Social Services, Inc.; Ted John, individually and as Milwaukee Area Director, Catholic Social Services, Inc.; Cecilia Braam, individually and as Child Welfare Supervisor, Catholic Social Services, Inc.; Robert Mishler, individually and as Adoption Worker, Catholic Social Services, Inc.; Louis P. Dunlap, individually and as Deputy Director of Administrative Hearings, Wisconsin Department of Health and Social Services; Lloyd W. Bonneville, individually and as Attorney, Wisconsin Department of Health and Social Services, Defendants.

United States District Court, E.D. Wisconsin.

July 27, 1988.

Attorney(s) appearing for the Case

Joseph M. Amidon and Jeffry Van Groll, Hyatt Legal Services, Milwaukee, Wis., for plaintiffs.

Stephen W. Hayes, Von Briesen & Purtell, S.C., Milwaukee, Wis., for defendants Weakland Cahtolic Social Services, Schneider, John, Braam, Mishler and Catholic Social Services, Inc.

Donald P. Johns, Asst. Atty. Gen., Madison, Wis., for defendants Dunlap and Bonneville.

Charles H. Barr, Menomonee Falls, Wis., Guardian ad Litem for Angel Victoria Thelen.

DECISION AND ORDER

WARREN, Chief Judge.

Wisconsin law provides that, except under certain circumstances, no petition for adoption may be filed unless the child has been in the home of the prospective adoptive parents for six months or more. Sec. 48.90(2), Wis.Stats. If, prior to adoption but after six months, a licensed agency seeks to remove the child from the home, the prospective parents are entitled to a...

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