APPEAL
from orders of the circuit court for
¶1
¶2 On April 23, 2008, amended petitions for adoption of
Elizabeth and Brett were filed in the circuit court, the petitions were signed
by Sandra R.K., August K. and Elizabeth K.
As paternal aunt of the children, Sandra sought to adopt them and August
and
¶3 Winnebago County Department of Health and Human Services
asserts that this appeal is untimely because
¶4 While this court is a grandparent and has empathy for
Elizabeth, who it believes to be a loving grandmother, it is required to follow
the statutes, Hamilton v. Hamilton, 2003 WI 50, ¶45, 261 Wis. 2d 458, 661 N.W.2d
832 (an appellate court is bound by clear language of a statute), and precedent,
State
v. Lee, 157 Wis. 2d 126, 130 n.4, 458 N.W.2d 562 (Ct. App. 1990) (court
of appeals is bound by its published precedents), and must affirm. We addressed grandparents’ right to adopt in L.P.
v. B.G., 177
48.90. Filing of adoption petition; preadoption residence. (1) A petition for adoption may be filed at any time if:
(a) One of the petitioners is a relative of the child by blood or by adoption, excluding parents whose parental rights have been terminated and persons whose relationship to the child is derived through such parents.
(b) The petitioner is the child’s stepparent.
(c) The petition is accompanied by a written approval of the guardian.
(d) The petitioner is the proposed adoptive parent with whom the child has been placed under s. 48.839.
(2) Except as provided under sub. (1), no petition for adoption may be filed unless the child has been in the home of the petitioners for 6 months or more.
(3) No petition for adoption may be filed unless the petitioners have complied with all applicable provisions of this chapter relating to adoptive placements.
¶5
By the Court.—Orders affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.
[1] This appeal is decided by one judge pursuant to Wis. Stat. § 752.31(2)(e) (2005-06). All references to the Wisconsin Statutes are to the 2005-06 version unless otherwise noted.
[2] If
a decision on one point disposes of the appeal, we will not decide the other
issues raised. Gross v. Hoffman, 227
[3] The children’s father died on July 18, 2006. The parental rights of the biological mother were terminated on May 9, 2008.
[4] The
notice of appeal was received by this court on August 28, 2008, 106 days after
dismissal of the petitions. In adoption
cases, appeals are commenced by first filing a notice of intent to pursue
postdisposition relief and then by a notice of appeal. See
Wis. Stat. Rule 809.30(2). Because no notice of intent has been filed in
this case, the purported notice of appeal is premature. We will, however, construe
[5]